Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd (Administrator Appointed) [2010] FCA 465 Citation: Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd (Administrator Appointed) [2010] FCA 465
Parties: DELNORTH PTY LTD (ACN 051 954 977) v DURA-POST (AUST) PTY LTD (ACN 101 287 512) (ADMINISTRATOR APPOINTED)
File number: NSD 384 of 2009
Judge: FOSTER J
Date of judgment: 13 May 2010
Catchwords: PATENTS – appeal from a decision of a Delegate of the Commissioner of Patents – Delegate refused to grant the claimed patent on the ground that it did not involve an inventive step and thus did not meet the requirements of s 18(1)(b)(ii) of the Patents Act 1990 (Cth) – before commencement of the final hearing, an Administrator was appointed to the respondent – ultimately, the respondent withdrew its opposition to the grant of the claimed patent – no opposition to the grant of the patent and no evidence led in opposition to the grant of the patent – appeal allowed and order made that the claimed patent proceed to grant
Legislation: Corporations Act 2001 (Cth), s 440D Patents Act 1990 (Cth), s 60(4)
Cases cited: Delnorth Pty Ltd v Dura-Post (Australia) Pty Ltd (2009) 81 IPR 396 related Cadbury Schweppes Plc v Effem Foods Pty Ltd (2006)69 IPR 584 applied European Community v Commissioner of Patents (2006) 68 IPR 539 applied
Date of hearing: 15 April 2010
Date of last submissions: 28 April 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate