Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abbott Laboratories v Corbridge Group Pty Ltd [2002] FCAFC 314 PATENTS – validity of claimed invention for measuring glucose levels in blood – novelty – sufficiency of specification – ambiguity of – meaning of the word "comprising" and the word "or" – manner of manufacture – obviousness – prior art relating to the subject – whether claims fairly based on the complete specification - whether prior claiming is available as a ground of revocation under the Patents Act 1990 (Cth) WORDS & PHRASES – "comprising" – "or" Patents Act 1952 (Cth) s 100(1)(f) Patents Act 1990 (Cth) ss 18(1)(a), 18(1)(b), 18(1)(c), 40(2)(a), 40(3), 138(3), 233(4) Statute of Monopolies 1623 (UK)s.6 Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd (2001) ALR 460, followed. General Clutch Corporation v Sbriggs Pty Ltd (1997) 38 IPR 359, followed. Minister for Immigration & Ethnic Affairs v Baker (1997) 73 FCR 187, cited Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd (1998) 194 CLR 171, cited NV Philips Gloeilampenfabrieken v Mirabella International Pty Limited (1993) 44 FCR 239, followed. British Thomson-Houston Company Ltd v Corona Lamp Works Ltd (1922) 39 RPC 49 (HL), cited. Blanco White, Patents for Inventions 5th ed. 1983. Terrell on the Law of Patents 15th ed. 2001. CIPA Guide to the Patents Acts 5th ed. 2001. ABBOTT LABORATORIES v CORBRIDGE GROUP PTY LTD N 1166 OF 2001 LEE, EMMETT & HELY JJ 18 OCTOBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1166 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ABBOTT LABORATORIES
FIRST APPELLANT
ABBOTT AUSTRALASIA PTY LTD
(ACN 000 180 389)
SECOND APPELLANT
AND: CORBRIDGE GROUP PTY LTD (ACN 050 105 256)
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