Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aristocrat Technologies Australia Ltd v IGT (Australia) Pty Ltd [2007] FCA 1540
ARISTOCRAT TECHNOLOGIES AUSTRALIA LTD v IGT (AUSTRALIA) PTY LTD AND ACRES GAMING INC NSD 1345 OF 2004
ALLSOP J
9 OCTOBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1345 OF 2004
BETWEEN: ARISTOCRAT TECHNOLOGIES AUSTRALIA LTD
Applicant
AND: IGT (AUSTRALIA) PTY LTD
First Respondent
ACRES GAMING INC
Second Respondent
JUDGE: ALLSOP J
DATE OF ORDER: 9 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT:
1. Orders that the decision of the Delegate of the Commissioner of Patents in respect of Australian Patent Application No 748263 made on 25 August 2004 be set aside except insofar as the Delegate found that the invention defined by claims 17 and 18 lacked novelty and did not involve an inventive step. 2. Orders that Australian Patent Application No 748263 not proceed to grant unless the specification is amended by: (a) deleting claims 1 to 7 (inclusive), 9 to 15 (inclusive), 17 and 18; (b) re-writing dependent claims 8, 16 and 19 as independent claims according to their terms (without any change in the scope of those claims); (c) correcting the misspelling of "herein" in claim 21; and (d) renumbering the claims as appropriate. 3. Directs that the Respondents make any request to the Commissioner of Patents for leave to amend the specification of Australian Patent Application No 748263 pursuant to s 104 of the Patents Act 1990 (Cth) in the form referred to in paragraph 2 above within 60 days after the conclusion of the stay referred to in paragraph 6 below. 4. Orders that Respondents pay the Applicant's costs of the proceedings in this Court, other than the Applicant's costs of and associated with: (a) grounds and particulars of opposition contained in the Applicant's Statement of Grounds and Particulars of Opposition (as filed or as subsequently amended) which were not pressed at the final hearing of the proceedings. (b) The subpoena served by the Applicant on the Proper Officer, Bellamy, Miller and Monypenny Pty Ltd on 19 June 2006. 5. Orders that the Applicant pay the Respondents' costs of and associated with the Grounds and Particulars of Opposition referred to in order 4(a) above. 6. Orders that the operation of orders 1, 2, 3, 4 and 5 be stayed: (a) initially, for a period of 21 days after the making of these orders; (b) if an application for leave to appeal against these orders if filed by any party within the period referred to in sub-paragraph (a), until 21 days after the final determination of that application or, if leave is granted and an appeal is instituted in accordance with that leave, 21 days after the final determination of that appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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