Federal Court of Australia
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CATCHWORDS Patents - Infringement - One of three elements in combination patent omitted by alleged infringer - Construction of claims -
Whether "pith and substance" taken.
Trade Practices - Sale of unregistered pesticide in breach of Etate law - Omission to disclose breach or consequences to purchasers - Whether breach of s.52 of Trade Practices Act -
Circumstances in which silence may constitute or be an ingredient in misleading conduct.
Patents Act, 1952 s.40.
Trade Practices Act, 1974 ss 442), 52, 53(c), and 55.
Agricultural Standards Act, 1952 (Q'1d)
Pesticides Act, 1978 (NSW)
RHONE-POULENC AGROCHIMIE SA & ANOR. V_UIM CHEMICAL SERVICE PTY LIMITED & ANOR
Bowen C.d.. Lockhart and Jackson dJ. 8th July 1986 Sydney
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IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY } NO. G 303 OF 1985
)
GENERAL DIVISTON )
ON APPEAL FROM a Single Judge of THE FEDERAL COURT OF AUSTRALIA (Proceeding No. G59 of 1985)
BETWEEN RHONE-POULENC_AGROCHIMIE SA
First Appellant MAY & BAKER AUSTRALIA PTY
LIMITED Second Appellant AND UIM CHEMICAL SERVICES Pry LIMITED
First Respondent
CLYDE TODHUNTER WAUGH
Second Respondent
JUDGES MAKING ORDER Bowen C.J., Lockhart and Jackson JJ.
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DATE 8th July 1986
PLACE
Sydney
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. That Rhone-Poulenc Agrochimie SA and May & Baker Australia
Pty Limited pay to UIM Chemical Services Pty Limited and Clyde Todhunter Waugh their costs of the appeal.
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IN_THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) NO. G 303 OF 1985 )
GENERAL DIVISION )
ON APPEAL FROM a Single Judge of THE FEDERAL COURT OF AUSTRALIA (Proceeding No. G59 of 1985)
BETWEEN RHONE-POULENC AGROCHIMIE SA
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