Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morellini v Mizzi Family Holdings Pty Ltd [2016] FCAFC 13 Appeal from: Mizzi Family Holdings Pty Ltd v Morellini [2013] FCA 1435 Mizzi Family Holdings Pty Ltd v Morellini (No 2) [2014] FCA 807
File number(s): QUD 462 of 2014 QUD 464 of 2014
Judge(s): BENNETT, GREENWOOD AND YATES JJ
Date of judgment: 16 February 2016
Catchwords: PATENTS – innovation patent for cane billet planter – infringement – whether infringement proved PATENTS – validity – novelty – whether lack of novelty established PATENTS – validity – innovative step – whether lack of innovative step arises as an issue PATENTS – validity – false suggestion or misrepresentation – whether primary judge erred in construction of claims – whether false suggestion established PATENTS – unjustifiable threats – whether primary judge erred in finding claim for damages for unjustifiable threats had been abandoned
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