Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ICI Chemicals & Polymers Ltd v Lubrizol Corp Inc [1999] FCA 345 PATENT – revocation – s18(1)(b)(i) Patents Act 1990 – whether claimed invention "novel" – whether anticipation by document published in Australia before priority date – whether general description in prior document exposes elements of invention in the patent – whether anticipation by prior document incorporating another prior document by cross-reference – s18(1)(b)(ii) Patents Act 1990 – whether claimed invention involves "inventive step" – whether notional skilled worker in the field a team – whether claimed invention merely proposal "worth trying" – relevance of attempts by competitors to solve the problem – whether claimed invention merely result of routine trial and error – relevance of commercial success – s18(1)(a) Patents Act 1990 – whether claimed invention a "manner of manufacture" – s40(3) Patents Act 1990 – adequacy of specification – abandonment of some claims – whether specification requires amendment to achieve conformity with remaining claims – s138(3)(d) Patents Act 1990 – false suggestion – infringement Patents Act 1990 (Cth) Patents Act 1952 (Cth) Minnesota Mining & Manufacturing Co. v Beiersdorf (Australia) Pty Ltd (1980) 144 CLR 253, cited
General Tire & Rubber Co v The Firestone Tyre & Rubber Co Ltd [1972] RPC 457, cited
Coopers Animal Health Australia Ltd v Western Stock Distributors Ltd (1986) 6 IPR 545, cited
Wellcome Foundation v VR Laboratories (Aust) Pty Ltd (1981) 148 CLR 262, cited
Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd [1998] 19, cited
Weiss v Lufft (1941) 65 CLR 528, considered
ICI CHEMICALS & POLYMERS LTD v THE LUBRIZOL CORP INC NG 190 OF 1997
THE LUBRIZOL CORP INCV WOOLWORTHS LTD & Ors NG 552 OF 1997
EMMETT J 31 MARCH 1999 SYDNEY
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