Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nufarm Limited v Jurox Pty Limited [2008] FCAFC 180
PATENTS – infringement – technical terms in claims not defined – experts disagree on meaning and scope of technical terms in patent – claims construed with reference to body of specification including examples – language used in specification indicates that certain examples not within scope of claims – respondent's product relevantly within excluded examples – no infringement – obviousness – no evidence that those working in the relevant field made themselves familiar with patent specifications
Aktiebolaget Hassle v Alphapharm Pty Limited (2002) 212 CLR 411 cited Minnesota Mining and Manufacturing Company v Beiersdorf (Australia) Limited (1980) 144 CLR 253 cited
NUFARM LIMITED (ACN 091 323 312) and ARGENTA MANUFACTURING LIMITED v JUROX PTY LIMITED (ACN 000 932 230)
VID 205 of 2008
LINDGREN, GOLDBERG AND BENNETT JJ
11 November 2008
Perth (heard in MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA
VICtoria DISTRICT REGISTRY VID 205 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NUFARM LIMITED (ACN 091 323 312)
First Appellant
ARGENTA MANUFACTURING LIMITED
Second Appellant
AND: JUROX PTY LIMITED (ACN 000 932 230)
Respondent
JUDGES: LINDGREN, GOLDBERG AND BENNETT JJ DATE OF ORDER: 11 NOVEMBER 2008
WHERE MADE: perth (heard in MELBOURNE)
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 205 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NUFARM LIMITED (ACN 091 323 312)
First Appellant
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