E.I. Du Pont Nemours & Company v Cadbury Schweppes Pty Ltd & Ors [1987] FCA 377

" ald .

CATCHWORDS

Patents - Petition for extension - whether opponent to petition

for extension can plead invalidity in defence to petition - whether opponent to petition for extension can cross-claim for revocation - distinction between "plain" or "manifest" invalidity and "mere" invalidity - whether practical advantages and s.63 of the Supreme Court Act justified hearing petition for extension at

the same time as cross-claim for revocation.

E.I. DU PONT DE NEMOURS & COMPANY v. CADBURY SCHWEPPES PTY.

LIMITED & ORS

No.G139 of 1987

Beaumont, Spender and Burchett JJ. Sydney 20 July 1987

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G139 of 1987

) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES

BETWEEN: E.I. DU PONT DE NEMOURS & COMPANY Appellant AND: CADBURY SCHWEPPES PTY. LIMITED

COCA-COLA OPERATIONS PTY. LIMITED SOUTHERN CROSS BEVERAGES LIMITED COCA-COLA BOTTLERS (BRISBANE) LIMITED

Respondents MINUTES OF ORDER Judges making orders: Beaumont, Spender and Burchett JJ. Date orders made: 20 July 1987 Where made: Sydney THE COURT ORDERS: 1. Grant leave to appeal. 2. Appeal allowed. 3. Set aside the orders made by the Supreme Court on 20 March 1987 dismissing with costs the appellant's motions with respect to the pleadings filed by the

respondents; in lieu thereof order that -

(a) paras.l(a) to (f) of the first respondent's particulars of objections be struck out;

(b) paras.19(b) and 20 of the second, third and fourth respondents' defence be struck out;

(c) liberty be reserved to the respondents to re-plead if so advised.

4. The respondents pay the appellant's costs of its motions in the Supreme Court and of this appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

e

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G139 of 1987