Collins v Northern Territory of Australia [2006] FCA 1698

FEDERAL COURT OF AUSTRALIA

Collins v Northern Territory of Australia [2006] FCA 1698

INTELLECTUAL PROPERTY LAW – Patents Act 1990 – whether granting of certain licences allowing removal of bark and wood from Crown land a "supply" for the purposes of s 117 – whether supply of an input into a patented process can amount to contributory infringement under s 117 – whether timber or bark and wood from timber a "staple commercial product" HELD: Application dismissed Patents Act 1990 (Cth) Patents Act 1977 (UK)

Hexal Australia Pty Ltd v Roche Therapeutics Inc (2005) 66 IPR 325 referred to Theta Developments Pty Ltd v Leonardis (2002) 59 IPR 368 cited Pavel v Sony Corporation (CA (UK), 13 January 1993, unreported) referred to Anaesthetic Supplies Pty Ltd v Rescare Ltd (1994) 50 FCR 1 discussed Bristol-Myers Squibb Company v FH Faulding & Co Ltd (2000) 97 FCR 524 discussed Rescare Ltd v Anaesthetic Supplies Pty Ltd (1992) 111 ALR 205 discussed Sartas No 1 Pty Ltd v Koukourou & Partners Pty Ltd (1994) 30 IPR 479 referred to The Queen v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 referred to Harper v Minister for Sea Fisheries (1989) 168 CLR 314 cited VINCENT JOSEPH COLLINS AND MARYANN COLLINS v NORTHERN TERRITORY OF AUSTRALIA NTD 34 OF 2005

MANSFIELD J

8 DECEMBER 2006

DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 34 OF 2005

BETWEEN: VINCENT JOSEPH COLLINS

First Applicant

MARYANN COLLINS

Second Applicant

AND: NORTHERN TERRITORY OF AUSTRALIA

Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 8 DECEMBER 2006

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicants pay to the respondent its costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA