Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Upaid Systems Ltd v Telstra Corporation Limited [2016] FCAFC 158 Appeal from: Upaid Systems Ltd v Telstra Corporation Limited (No 3) [2016] FCA 227
File number: NSD 521 of 2016
Judges: PERRAM, JAGOT AND BEACH JJ
Date of judgment: 22 November 2016
Catchwords: PATENTS – application for leave to appeal – infringement of patent claims – summary dismissal – construction of patent claims – whether applicant has reasonable prospects of success – standard patent for a convergent communications platform and method for mobile and electronic commerce in a heterogeneous network environment – construction of integers of claim – "charging" an account – "settling" an account – appropriateness of summary dismissal – leave to appeal granted – appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Nampak Plastics Europe Ltd v Alpla UK Ltd [2015] FSR 11; [2014] EWCA Civ 1293 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Upaid Systems Ltd v Telstra Corporation Limited (No 3) (2016) 118 IPR 16; [2016] FCA 227 Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] RPC 18; [2011] EWCA Civ 162
Dates of hearing: 14, 15 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 82
Counsel for the Applicant: Mr A J L Bannon SC with Mr C Burgess
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