Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd [2014] FCAFC 117 Citation: Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd [2014] FCAFC 117
Appeal from: Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools (No 3) [2013] FCA 187
Parties: FEI YU TRADING AS JEWELS 4 POOLS, JEFFERY STUART MCALISTER, PEBBLE MASTERS PTY LTD ACN 087 540 734, TWIN COAST POOLS PTY LTD ACN 104 149 484, MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169 and GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563 v BEADCRETE PTY LTD ACN 071 743 961, DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234, BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041 and DESIGNERITE PTY LTD ACN 146 670 706
File number: NSD 977 of 2013
Judges: DOWSETT, MIDDLETON AND ROBERTSON JJ
Date of judgment: 10 September 2014
Catchwords: INTELLECTUAL PROPERTY – Patents – Construction of claims – Construction of integers – Whether error made by primary judge by not construing integers independently – Novelty – Whether error made by primary judge in finding that foreign patents did not anticipate claim. INTELLECTUAL PROPERTY – Patents – Infringement – Infringement by supply – Whether appellants' product a staple commercial product – Whether instructions for use of appellants' product directed infringement.
Legislation: Patents Act 1990 (Cth) ss 7, 18, 40, 117, 138
Cases cited: General Tire and Rubber Company v Firestone Tyre and Rubber Company Limited [1972] RPC 457 cited Nobel's Explosives Company Ltd v Anderson (1894) 11 RPC 519 cited Northern Territory v Collins (2008) 235 CLR 619 cited Sartas No 1 Pty Ltd v Koukourou & Partners Pty Ltd (1994) 30 IPR 479 cited Welcome Real-Time SA v Catuity Inc (2001) 113 FCR 110 cited Welcome Real-Time SA v Catuity Inc (No 2) [2001] FCA 785 cited
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