Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bartlem Pty Ltd v Cox Industries (Australia) Pty Ltd [2002] FCAFC 224
APPEAL – nature of and approach to appeals in Federal Court – role of appellate court is correction of error at first instance – need for parties to clearly demonstrate error – advantages of trial Judge in hearing evidence INTELLECTUAL PROPERTY – appeal to Full Court – patents – infringement – whether primary Judge erred in construction of essential integers in claim Patents Act 1990 (Cth) Azuko Pty Ltd v Old Digger Pty Ltd (2001) 52 IPR 75 cited Biogen Inc. v Medeva plc (1997) RPC 1 applied Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd [2001] FCA 183 applied Catnic Components Ltd v Hill and Smith Ltd [1982] RPC 183 cited Clarke v Adie (1875) LR 10 Ch App 667 cited Doric Products Pty Ltd v Lockwood Security Products Pty Ltd [2001] FCA 1877 cited Grove Hill Pty Ltd v Great Western Corporation Pty Ltd [2002] FCAFC 183 followed Radiation Ltd v Galliers and Klaerr Pty Ltd (1938) 60 CLR 36 cited Rehm Pty Ltd v Webster's Security Systems (International) Pty Ltd (1988) 81 ALR 79 cited S W Hart & Co Pty Ltd v Edwards Hot Water Systems (1985) 159 CLR 467 cited Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 15 cited Walker v Alemite Corporation (1933) 49 CLR 643 cited
BARTLEM PTY LIMITED V COX INDUSTRIES (AUSTRALIA) PTY LIMITED (FORMERLY RURAL PACIFIC MARKETING PTY LIMITED) AND COX MOWERS PTY LIMITED
NO. Q 201 OF 2001
BEAUMONT, FINN & SUNDBERG JJ
31 JULY 2002
SYDNEY (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 201 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BARTLEM PTY LIMITED
APPELLANT
AND: COX INDUSTRIES (AUSTRALIA) PTY LIMITED (FORMERLY RURAL PACIFIC MARKETING PTY LIMITED)
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