Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Great Western Corp Pty Ltd v Grovehill Pty Ltd [1999] FCA 1456 PATENTS - validity of standard patent - prohibition on multiple patents duplicating protection - analysis of rights conferred where extension application pending for lapsed petty patent - distinction between inchoate rights based on future expectation and monopoly rights contemplated by statutory prohibition. Patents Act 1990 s 69(1), 64, 68 Sartas No 1 Pty Ltd v Koukourou (1994) 30 IPR 479 Cited Sanofi v Parke Davis Pty Ltd (1983) 1 IPR 383 Discussed, Refd to Croudace v Zobel [1899] AC 258 Refd to Glamagard Pty Ltd v Enderslea Productions Pty Ltd [1985] 1 NSWLR 138 Refd to In the Matter of Two Applications for Patents by Henry Dreyfus (1927) 94 RPC 291 Discussed
GREAT WESTERN CORPORATION PTY LTD v GROVEHILL PTY LTD QG 144 of 1997 KIEFEL J 22 OCTOBER 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 144 OF 1997
BETWEEN: GREAT WESTERN CORPORATION PTY LTD (ACN 064 434 475)
Applicant
AND: GROVEHILL PTY LTD (ACN 010 117 610)
Respondent
GROVEHILL PTY LTD (ACN 010 117 610)
Cross-Claimant
GREAT WESTERN CORPORATION PTY LTD (ACN 064 434 475)
Cross-Respondent
JUDGE: KIEFEL J
DATE OF ORDER: 22 OCTOBER 1999
WHERE MADE: BRISBANE
THE COURT DECLARES THAT: 1. That the petty patent 678130 was not in force at the time the standard patent was granted; and there was not at the date of that grant, a patent to which s 64(2) applied.
THE COURT ORDERS THAT: 2. The respondent should pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 144 OF 1997
BETWEEN: GREAT WESTERN CORPORATION PTY LTD (ACN 064 434 475)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate