Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd [2010] FCA 983
Citation: Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd [2010] FCA 983
Parties: EXPO-NET DANMARK A/S v BUONO-NET AUSTRALIA PTY LTD (ACN 002 040 495), RAFFAELE BUONO and CLELIA BUONO
File number: NSD 428 of 2009
Judge: BENNETT J
Date of judgment: 7 September 2010
Catchwords: PATENT – amendments of the specifications and claims –obvious mistake – allowability under s 102 of the Patents Act – discretion
Legislation: Patents Act 1990 (Cth) ss 102 and 105
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No.2) (2009) 83 IPR 42 applied Bristol-Myers Squibb Company v Apotex Pty Ltd [2010] FCA 814 considered General Tire and Rubber Company (Frost's) Patent [1972] RPC 259 cited Zetco Pty Ltd v Austworld Commodities Pty Ltd [2010] FCA 235 considered
Date of hearing: 20 August 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 56
Counsel for the Applicant: Mr A Fox
Solicitor for the Applicant: Watermark Intellectual Property Lawyers
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