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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CPC Patent Technologies Pty Ltd v Apple Pty Limited [2025] FCA 489
PATENTS – patents for secure access systems – claim construction – infringement – validity PATENTS – construction of the asserted claims – construction of seven contested integers PATENTS – infringement – where the impugned devices incorporate biometric security systems utilising fingerprint and face recognition – factual contest regarding operation of the impugned devices – no…
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Miele & Cie KG v Bruckbauer [2025] FCA 537
PATENTS – application to amend claims of a patent application under s 105 of the Patents Act 1990 (Cth) due to typographical error – correction of obvious mistake PATENTS – infringement – standard patent for a hob with a recess for a device for downwardly removing cooking vapours through suction – claim construction PATENTS –…
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Perfect Day, Inc. v Commissioner of Patents [2025] FCA 270
PATENTS – appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings – hearing de novo – claimed invention directed to providing a dairy substitute food composition that has the characteristics of cow’s milk – whether disclosure is clear enough and complete enough– whether claims lack support – whether specification is…
