The University of Western Australia v Gray (No 2) [2005] FCA 1633

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 2) [2005] FCA 1633 PRACTICE AND PROCEDURE – pleading – adequacy of pleading and defences – allegation of patentable invention made or developed by University employee – description of 'patentable invention' imprecise – attracting imprecise defences – necessity to amend statement of claim to define patentable invention by reference to actual or notional patent claims Patents Act 1990 (Cth) The University of Western Australia v Gray [2005] FCA 277 cited THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED and CANCER RESEARCH INSTITUTE INC WAD 292 of 2004 FRENCH J 11 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 292 OF 2004

BETWEEN: THE UNIVERSITY OF WESTERN AUSTRALIA

APPLICANT

AND: BRUCE NATHANIEL GRAY

FIRST RESPONDENT

SIRTEX MEDICAL LIMITED

(Formerly known as Paragon Medical Pty Ltd)

(ACN 078 166 122)N

SECOND RESPONDENT

CANCER RESEARCH INSTITUTE INCORPORATED (Registered Number 1001005)

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 NOVEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant has leave to file and serve, on or before 25 November 2005, a further substituted statement of claim including amendments to paragraph 12 of the existing substituted statement of claim and like pleadings in other paragraphs, together with such consequential amendments as may be necessary.

2. The respondents have leave to file and serve, on or before 9 December 2005, further amended defences in response to the amendments to the substituted statement of claim and such further amendments as are necessary to meet conceded applicant's objections.