PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
Recent cases about patent infringement
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 13) [2025] FCA 1078
PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
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Regeneron Pharmaceuticals, Inc. v Sandoz Pty Ltd [2025] FCA 1067
PRACTICE AND PROCEDURE – patents – interlocutory injunction application – prima facie case – infringement – validity of patents – balance of convenience – application refused PATENTS – aflibercept – VEGF Antagonist – claim construction – infringement – infringing and non-infringing uses – novelty – inventive step – support
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The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
