Federal Court of Australia
Federal Court of Australia
Airco Fasteners Pty Ltd v Illinois Tool Works Inc [2023] FCAFC 7 Appeal from: Illinois Tool Works Inc v Airco Fasteners Pty Ltd [2022] FCA 495
File number(s): VID 302 of 2022
Judgment of: RARES, MOSHINSKY AND BURLEY JJ
Date of judgment: 13 February 2023
Catchwords: PATENTS – where invention claimed is a fuel cell for use in a combustion tool – construction of claims – role of expert evidence – meaning of "close proximity" – meaning of "opposite" – appeal dismissed
Legislation: Patents Act 1990 (Cth) s 102
Cases cited: Illinois Tool Works Inc v Airco Fasteners Pty Ltd [2022] FCA 495 Interlego AG v Toltoys Pty Ltd [1973] HCA 1; 130 CLR 461 Jupiters Ltd v Neurizon Pty Ltd [2005] FCAFC 90; 65 IPR 86 Kimberley-Clark Australia Pty Ltd v Arico Trading International Pty Ltd [2001] HCA 8; 207 CLR 1 Minnesota Mining & Manufacturing Company v Beiersdorf (Australia) Ltd [1980] HCA 9; 144 CLR 253 Welch Perrin & Co Pty Ltd v Worrel [1961] HCA 91; 106 CLR 588
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 69
Date of hearing: 22 November 2022
Counsel for the Applicant: Mr E Heerey KC with Mr P Creighton-Selvay
Solicitor for the Applicant: Hall & Wilcox
Counsel for the Respondent: Mr C Dimitriadis SC with Mr B Fitzpatrick
Solicitor for the Respondent: Davies Collison Cave Law
ORDERS VID 302 of 2022
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