Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garford Pty Ltd v Dywidag Systems International Pty Ltd [2015] FCAFC 6 Citation: Garford Pty Ltd v Dywidag Systems International Pty Ltd [2015] FCAFC 6
Appeal from: DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 132
Parties: GARFORD PTY LTD v DYWIDAG SYSTEMS INTERNATIONAL PTY LTD and DSI AUSTRALIA (HOLDINGS) PTY LTD
File number: NSD 680 of 2013
Judges: DOWSETT, MCKERRACHER AND NICHOLAS JJ
Date of judgment: 30 January 2015
Catchwords: PATENTS – inventive step – obviousness – combination claim for mechanical apparatus – whether primary judge's obviousness analysis focused impermissibly upon obviousness of individual integers rather than combination – whether primary judge's obviousness analysis adopted incorrect starting point by assuming the hypothetical person skilled in the art would wish to make such an apparatus in the first place – whether there was any inventive step involved in conceiving of idea to make an apparatus used to manufacture a product that was common general knowledge at priority date PATENTS – inventive step – obviousness – secondary indicia of inventiveness – commercial success – long-felt want – unfelt want – copying – proof of such indicia – evidentiary onus – circumstances in which copying may provide evidence of inventiveness – circumstances in which commercial success may provide evidence of inventiveness – need for patentee to prove commercial success when relying on unfelt want PATENTS – construction of claim – meaning of "for" when used in claim – "apparatus for … characterised by … a feed means for supplying a multi-strand cable from a rotatable supply wheel …" – whether "feed means for" refers to "feed means suitable for" specified purpose – whether claim requires presence of rotatable supply wheel or whether it is sufficient that the means be suitable for supplying such cable from a rotatable supply wheel
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