Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Regency Media Pty Ltd v MPEG LA, L.L.C. [2014] FCAFC 183 Citation: Regency Media Pty Ltd v MPEG LA, L.L.C. [2014] FCAFC 183
Appeal from: MPEG LA, L.L.C. v Regency Media Pty Ltd [2014] FCA 180
Parties: REGENCY MEDIA PTY LTD (ACN 006 495 414) v MPEG LA. L.L.C.
File number(s): NSD 367 of 2014
Judge(s): BENNETT, NICHOLAS AND PAGONE JJ
Date of judgment: 22 December 2014
Catchwords: INTELLECTUAL PROPERTY – patents – Patents Act 1990 (Cth), s 145 – contract for a licence to a portfolio of patents – right to terminate a contract after a patent ceases to be in force – meaning of "a patented invention" – whether the entitlement to terminate a contract under s 145 arises when all of the patents in a portfolio which protect different inventions cease to be in force or when the patent that protects any one invention cease to be in force WORDS AND PHRASES – meaning of "a patented invention" in s 145 of the Patents Act 1990 (Cth) – Acts Interpretation Act 1901 (Cth), s 23– whether singular reference to "a patented invention" includes the plural – whether contrary intention
Legislation: Acts Interpretation Act 1901 (Cth) Patents Act 1990 (Cth)
Cases cited: Arbitron Inc v Telecontrol Aktiengesellschaft (2010) 86 IPR 110 National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 R v Westralian Powell Wood Process Ltd (1919) 27 CLR 236
Date of hearing: 19 August 2014
Place: Sydney
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