Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Richwood Creek Pty Ltd v Williams [2010] FCA 196 Citation: Richwood Creek Pty Ltd v Williams [2010] FCA 196
Parties: RICHWOOD CREEK PTY LTD v DANNY LEE WILLIAMS
File number: QUD 177 of 2009
Judge: SPENDER J
Date of judgment: 11 February 2010
Catchwords: INTELLECTUAL PROPERTY – patents – appeal from a decision of the delegate of the Commissioner – whether applicant was the assignee of patent under a patent assignment deed – whether rights in an invention vested in a party to a contract of service with the inventor
Legislation: Patents Act 1990 (Cth) ss 15, 59, 60(4), 160
Cases cited: Fine Industrial Commodities Ltd v Powling (1954) 71 RPC 253 cited Spencer Industries Pty Ltd v Collins (2003) 58 IPR 425 referred to
Date of hearing: 11 February 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 32
Counsel for the Applicant: Mr DJ Campbell SC
Solicitor for the Applicant: Winchester Young & Maddern
Counsel for the Respondent: There was no appearance for the Respondent
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 177 of 2009
BETWEEN: RICHWOOD CREEK PTY LTD
Applicant
AND: DANNY LEE WILLIAMS
Respondent
JUDGE: SPENDER J
DATE OF ORDER: 11 FEBRUARY 2010
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The Opposition be dismissed. 2. Respondent pay the costs of the appellant, of and incidental to the appeal, and of the Opposition proceedings before the delegate of the Commissioner. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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