Federal Court of Australia
Federal Court of Australia
Caffitaly System S.P.A. v One Collective Group Pty Ltd [2021] FCAFC 118 File number: NSD 755 of 2020
Judgment of: YATES, MOSHINSKY AND BURLEY JJ
Date of judgment: 30 June 2021
Catchwords: PATENTS – three patents relating to single serve coffee capsules for use in an espresso machine – appeal against primary judge's findings on infringement and claim validity – whether certain claims of two patents invalid for lack of inventive step – whether certain claims of the third patent were invalid because the invention, as claimed, was not fully described in the complete specification
Legislation: Patents Act 1990 (Cth) s 7(2), 18(1)(c), 40(2)(a)
Cases cited: Aktiebolaget Hässle v Alphapharm Pty Ltd (2002) 212 CLR 411 AstraZeneca AB v Apotex Pty Ltd (2015) 257 CLR 356 DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 132; (2013) 100 IPR 19 Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd [2001] HCA 8; 207 CLR 1 Pfizer Overseas Pharmaceuticals v Eli Lilly & Co [2005] FCAFC 224; 68 IPR 1 Wellcome Foundation Ltd v VR Laboratories (Aust) Pty Ltd (1981) 148 CLR 262
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 210
Date of hearing: 16 – 17 November 2020
Counsel for the Appellant: A J L Bannon S.C. A R Lang S.C.
Solicitor for the Appellant: Bird & Bird
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