Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dincel Constructions Systems Pty Ltd v AFS Systems Pty Ltd [2018] FCAFC 157 Appeal from: Dincel Constructions Systems Pty Ltd v AFS Systems Pty Ltd (No 2) [2017] FCA 791 Dincel Construction System Pty Limited v AFS Systems Pty Ltd (No 3) [2017] FCA 919
File number: NSD 1325 of 2017
Judges: KENNY, BESANKO AND MCKERRACHER JJ
Date of judgment: 18 September 2018
Catchwords: APPEAL – nature of appellate review – appeal in the nature of a "real review" – degree of deference to be accorded to the primary judge's findings – requisite degree of error – whether there is error on the facts and what inferences are to be drawn – where preferences made as to expert witnesses – reviewability of the primary judge's construction of the patent or inferences drawn from uncontested evidence – consideration of Robinson Helicopter Company Inc v McDermott PATENTS – whether the primary judge erred in finding that the respondent's building element does not infringe the relevant patent claims – patent construction – appellate review of patent construction Held: appeals dismissed
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93 Australian Securities and Investments Commission v Geary [2018] VSCA 103 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Fox v Percy (2003) 214 CLR 118 Jupiters Ltd v Neurizon Pty Ltd (2005) 222 ALR 155 Robinson Helicopter Company Incorporated v McDermott (2016) 90 ALJR 679 Warren v Coombes (1979) 142 CLR 531
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