Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kafataris v Davis [2016] FCAFC 134 Appeal from: Kafataris v Davis [2014] NSWSC 1454
File number: NSD 1230 of 2014
Judges: GREENWOOD, MIDDLETON AND MCKERRACHER JJ
Date of judgment: 5 October 2016
Catchwords: INTELLECTUAL PROPERTY – characterisation and identification of the invention – applicable principles in relation to co-inventorship – whether change in the content of provisional patent application and PCT application indicative of contribution amounting to co-inventorship – alternatively, whether contributions in the course of negotiations amounted to a material contribution to the invention – contribution by appellant mere example of another embodiment of the invention – alternatively, whether misuse of confidential information Held: appeal dismissed
Legislation: Patents Act 1990 (Cth) ss 15, 16, 40(1), 40(2)(a), 40(4)
Cases cited: Coco v AN Clark (Engineers) Ltd [No 2] [1969] RPC 41 Commonwealth v John Fairfax & Sons Ltd (1980) 147 CLR 39 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 JMVB Enterprises Pty Ltd v Camoflag Pty Ltd (2005) 67 IPR 68 Lee v Commissioner of Patents [2011] AATA 818 Minnesota Mining and Manufacturing Company v Beiersdorf (Australia) Limited (1980) 144 CLR 253 Polwood Pty Ltd v Foxworth Pty Ltd (2008) 165 FCR 527 University of Western Australia v Gray (2009) 179 FCR 346
Date of hearing: 5 May 2015
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