Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zetco Pty Ltd v Austworld Commodities Pty Ltd [2010] FCA 235 Citation: Zetco Pty Ltd v Austworld Commodities Pty Ltd [2010] FCA 235
Parties: ZETCO PTY LIMITED v AUSTWORLD COMMODITIES PTY LIMITED
File number: NSD 194 of 2009
Judge: BENNETT J
Date of judgment: 17 March 2010
Corrigendum: 12 April 2010
Catchwords: PATENTS – application to amend patent under s 105 of the Patents Act 1990 – whether amendments comply with s 102 – correcting typographical and grammatical errors– deletion of claims – clarity – reduction in members of a class from which integer of claim is selected – narrowing of class – discretion to allow amendments
Legislation: Patents Act 1990 (Cth) ss 40, 102
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 2) (2009) 83 IPR 42 applied
Date of hearing: 9 March 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr D K Catterns QC, Mr N R Murray
Solicitor for the Applicant: Mallesons Stephen Jaques
Counsel for the Respondent: Mr A Fox
Solicitor for the Respondent: Watermark Intellectual Property Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 194 of 2009
BETWEEN: ZETCO PTY LIMITED
Applicant
AND: AUSTWORLD COMMODITIES PTY LIMITED
Respondent
JUDGE: BENNETT J
DATE OF corrigendum: 12 april 2010
CORRIGENDUM 1 On page 1 of the judgment at the end of paragraph 1, insert the words "The respondent does not oppose the proposed amendments and makes no submissions as to the proposed orders." I certify that the preceding paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Bennett.
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