Federal Court of Australia
Federal Court of Australia
TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85 Appeal from: UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885 UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 3) [2023] FCA 1079
File number: VID 833 of 2023
Judgment of: NICHOLAS, ROFE AND O'SULLIVAN JJ
Date of judgment: 21 June 2024
Catchwords: PATENTS – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS – infringement – construction of integers of the claims – whether primary judge erred in finding that features in a claim were absent from the respondent's technology – whether the primary judge's construction of the integers was "too narrow" – plain meaning of words in claims – appeal dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Patents Act 1990 (Cth)
Cases cited: Davies v Lazer Safe Pty Ltd [2019] FCAFC 65 UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885 UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 3) [2023] FCA 1079
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 128
Date of last submissions: 12 February 2024
Date of hearing: 26 February 2024
Counsel for the Appellants: C Dimitriadis SC with M Fleming
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