Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178

Federal Court of Australia

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 Appeal from: Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2022] FCA 540

File number: VID 328 of 2022

Judgment of: PERRAM, NICHOLAS AND MCELWAINE JJ

Date of judgment: 13 November 2023

Catchwords: PATENTS – where invention claimed is a safety system for protection against falling drill rods in mining industry – construction – meaning of 'anchor member' – meaning of 'configured to be fixed in a proximal end region of the bore' PATENTS – infringement – whether First Respondent's product included an anchor member – whether First Respondent's product was configured to be fixed in a proximal end region of the bore adjacent to a rock face PATENTS – validity – sufficiency and support – whether patent met requirements of ss 40(2)(a) and (3) of the Patents Act 1990 (Cth) – effect of Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) – consideration of Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27; RPC 22 and Illumina Cambridge Ltd v Latvia MGI Tech SIA [2021] EWHC 57 (Pat); RPC 12 – whether range of materials from which safety system could be made was a relevant range across which patent was required to enable performance

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AB(1)(b)(i), 15AB(2)(e), 15AB(2)(f) 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 7(2), 7(4), 18(1)(b)(ii), 18(1A)(b)(ii), 29(1), 29(4A)(c), 40(2), 40(3) Patents Act 1977 (UK) ss 14(3), 14(5) Convention on the Grant of European Patents, opened for signature 5 October 1973, 1065 UNTS 199 (entered into force 7 October 1977) Arts 83, 84