Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PATENTS – combination patent – improved scaffolding gantry – modular prefabricated units – whether obvious – Standing to apply for patent – Assignee of the actual inventor.
Patents Act 1952 (Cth) s 100(1)(e) Wellcome Foundation Ltd v V R Laboratories (Aust) Pty Ltd (1981) 128 CLR 262 mentioned Re Beecham Group Ltd's (Amoxycillin) Application [1980] RPC 261 mentioned Re Coopers Animal Health Australia Limited v Western Stock Distributors Ltd (1986) 67 ALR 390 mentioned Biogen v Medeva plc [1997] RPC 1 at 45 discussed Esso Australia Resources Limited v Commissioner of Taxation (1998) 98 ATC 4768 at 4779mentioned S & I Publishing Pty Limited v Australian Surf Life Saver Pty Limited (unreported, 20 November 1998) mentioned Britain v Hersch (1885) 5 RPC 226 followed Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 applied Sunbeam Corporation v Morphy-Richards (Australia) Pty Ltd (1961) 35 ALJR 212 applied Precision Plastics Pty Ltd v Demir (1975) 132 CLR 363 applied
PRESTON ERECTION PTY LIMITED and JOHN CLEMENT PRESTON v SPEEDY GANTRY HIRE PTY LIMiTED
NG 485 of 1998
WILCOX, HEEREY and LINDGREN JJ
18 DECMEBER 1998
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 485 of 1998
BETWEEN: PRESTON ERECTION PTY LIMITED (ACN 003 991 062)
First AppELLANT
JOHN CLEMENT PRESTON
Second AppELLANT/CROSS-RESPONDENT
AND: SPEEDY GANTRY HIRE PTY LIMITED
Respondent/CROSS-APPELLANT
JUDGES: WILCOX, HEEREY AND LINDGREN JJ
DATE OF ORDER: 18 DECEMBER 1998
WHERE MADE: sydney
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders made on 13 May 1998 be set aside and in lieu thereof it be ordered that: (i) the application be dismissed (ii) Letters Patent 578,176 be revoked. 3. The respondent pay the costs of the appellants of the appeal and of the proceedings at first instance. 4. The cross-appeal be dismissed with no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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