Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ICI Chemicals & Polymers Ltd v Lubrizol Corp Inc [1999] FCA 662
PRACTICE & PROCEDURE – whether leave to re-open should be granted – matter not raised in particulars or written submissions but mentioned in oral argument by one party – relevance of failure of other party to respond to proposition put in oral argument – whether deliberate strategy or misapprehension by counsel – whether interests of justice require further argument to be permitted PATENT – section 40(3) Patents Act 1990 (Cth) – whether claims fairly based on matter described in specification – obligation of patentee to describe and ascertain nature of the invention and manner in which it is to be performed – whether abandonment of some claims without amending body of specification can result in insufficient disclosure to public – whether body of specification inconsistent with remaining claims
WORDS & PHRASES – "fairly based" Patents Act 1990 (Cth) s40(2), s40(3), s105 Patents Act 1952 (Cth) s40(2) Patents Act 1903 (Cth) s36 Autodesk v Dyason (No.2) (1993) 176 CLR 300, cited Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd (1998) 40 IPR 110, cited CCOM Pty Ltd v Jiejing Pty Ltd (1994) 28 IPR 481, considered Welch Perrin & Co Pty Ltd v Worrel (1961) 106 CLR 588, considered Sartas No.1 Pty Ltd v Koukourou & Partners Pty Ltd (1994) 30 IPR 479, cited Weiss v Lufft (1941) 65 CLR 528, considered
ICI CHEMICALS & POLYMERS LTD v THE LUBRIZOL CORPORATION INC.
NG 190 OF 1997
THE LUBRIZOL CORP INC v WOOLWORTH LTD & ORS NG 552 OF 1997 EMMETT J 20 MAY 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 190 OF 1997
BETWEEN: ICI CHEMICALS & POLYMERS LIMITED
Applicant
AND: THE LUBRIZOL CORPORATION INC
Respondent
NG 552 OF 1997 BETWEEN: THE LUBRIZOL CORPORATION INC
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