Meat and Livestock Australia Limited v Branhaven LLC [2020] FCAFC 171

FEDERAL COURT OF AUSTRALIA

Meat and Livestock Australia Limited v Branhaven LLC [2020] FCAFC 171 Appeal from: Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51 Meat & Livestock Australia Limited v Cargill, Inc (No 2) [2019] FCA 33

File number: VID 232 of 2019

Judges: KENNY, NICHOLAS AND BURLEY JJ

Date of judgment: 8 October 2020

Catchwords: PATENTS – where appeal brought in respect of a decision of Commissioner under s 60(4) of the Patent Act 1990 (Cth) ("the Act") – power of Federal Court of Australia to order amendment of patent request or complete application – where order made after publication of reasons but before making of final orders disposing of appeal – whether primary judge lacked power to make such order Held: Section 105(1A) of the Act authorised making of primary judge's order PATENTS – whether amendments to claims ordered by primary judge were allowable pursuant to s 102 of the Act – whether the specification as amended would claim matter not in substance disclosed in the specification as filed – whether claims as amended would not be fairly based on the matter described in the specification – proper characterisation of invention described in specification – whether narrowing amendments to claims resulted in an invention different from that described in the specification Held: Amendments ordered by primary judge allowable pursuant to s 102 of the Act

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB(1) Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) Patents Act 1990 (Cth) ss 40, 60(4), 102, 105(1A), 112, 112A, 158(2), 160