Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austal Ships Sales Pty Ltd v Stena Rederi Aktiebolag [2008] FCAFC 121
PATENT – patent for hull structure for multi-hull ships – whether claims phrased in terms of "substantial portion" and "narrow waisted" sufficiently clear – relevance of nature of hybrid design to determination of clarity – whether one or both of relevant claims infringed
Patents Act 1990 (Cth) s 40 Flexible Steel Lacing Company v Beltreco Ltd (2000) 49 IPR 331 cited Kimberly-Clark Australia Pty Limited v Arico Trading International Pty Limited (2001) 207 CLR 1 cited Leonardis v Sartas No 1 Pty Ltd (1996) 67 FCR 126 cited Martin v Scribal Pty Ltd (1954) 92 CLR 17 cited The Shorter Oxford English Dictionary (ed Brown L, 4th ed, Oxford University Press, 1993) AUSTAL SHIPS SALES PTY LTD, AUSTAL SHIPS PTY LTD and AUSTAL LIMITED v STENA REDERI AKTIEBOLAG
NSD 1332 of 2007
HEEREY, FINN AND DOWSETT JJ
3 JULY 2008
MELBOURNE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1332 of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTAL SHIPS SALES PTY LTD
First Appellant
AUSTAL SHIPS PTY LTD
Second Appellant
AUSTAL LIMITED
Third Appellant
AND: STENA REDERI AKTIEBOLAG
Respondent
JUDGES: HEEREY, FINN AND DOWSETT JJ DATE OF ORDER: 3 JULY 2008
WHERE MADE: MELBOURNE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1332 of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTAL SHIPS SALES PTY LTD
First Appellant
AUSTAL SHIPS PTY LTD
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