Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Breville Pty Ltd v The Warehouse Group (Australia) Pty Ltd [2005] FCA 1893
PATENTS – infringement – construction of claims – purposive, as against literal, construction – fruit and vegetable juicer – claim integer of 'a knife or knives having an upwardly directed cutting edge' – allegedly infringing product having a bluntened plastic blade' not having an upwardly directed cutting edge – allegedly infringing product achieved main advantage of the invention (side of blade acting as stay or buffer against rotation of fruit or vegetable on rotating grating disc), but not as effectively as if the blade had had upwardly directed cutting edge – patentee to be held to language of claim – Held: allegedly infringing product lacked essential integer; no infringement. EI Dupont de Nemours & Co v Imperial Chemical Industries Plc (2002) 54 IPR 304 cited Photo Cure ASA v Queen's University at Kingston (2005) 216 ALR 41 cited Allsop Inc v Bintang Ltd (1989) 15 IPR 686 cited Sachtler GmbH & Co KG v RE Miller Pty Ltd (2005) 221 ALR 373 cited Olin Corporation Ltd v Super Cartridge Co Pty Ltd (1977) 180 CLR 236 cited Catnic Components Ltd v Hill & Smith Ltd [1982] RPC 183 cited Improver Corporation v Remington Consumer Products Ltd [1990] FSR 181 cited Root Quality Pty Ltd v Root Control Technologies Pty Ltd (2000) 177 ALR 231 cited Grove Hill Pty Ltd v Great Western Corporation Pty Ltd (2002) 55 IPR 257 cited Baygol Pty Ltd v Foamex Polystyrene Pty Ltd [2005] FCA 624 cited Fresenius Medical Care Australia Pty Ltd v Gambro Pty Ltd [2005] FCAFC 220 cited Kirin-Amgen Inc v Hoeschst Marion Roussel Ltd [2005] 1 All ER 667 cited BREVILLE PTY LTD v THE WAREHOUSE GROUP (AUSTRALIA) PTY LTD NSD 183 OF 2005 LINDGREN J 23 DECEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 183 OF 2005
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