Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tramanco Pty Ltd v BPW Transpec Pty Ltd [2012] FCA 613 Citation: Tramanco Pty Ltd v BPW Transpec Pty Ltd [2012] FCA 613
Parties: TRAMANCO PTY LTD (ACN 010 101 872) v BPW TRANSPEC PTY LTD (ACN 006 645 272), BPW TRANSPEC PTY LTD (ACN 006 645 272) and TRAMANCO PTY LTD (ACN 010 101 872)
File number: QUD 114 of 2009
Judge: DOWSETT J
Date of judgment: 14 June 2012
Supplementary reasons for judgment: 5 September 2012
Catchwords: PATENTS – construction – method of logging the performance of a vehicle suspension system – impact loading of a vehicle PATENTS – skilled addressee – sufficiency of description – whether a skilled addressed would be a person familiar with the performance characteristics of heavy vehicle suspensions and the inter-relationship of suspension performance with road damage PATENTS – novelty – s 7 Patents Act 1990 (Cth) – prior art relied on as anticipating the patent – whether reverse infringement test should be applied PATENTS – invalidity – invalidity pursuant to s 40(2)(a) and s 40(3) Patents Act 1990 (Cth) – failure to describe the invention fully - failure to describe the best method known of performing the invention - claims not fairly based on the matter described in the specification
Legislation: Patents Act 1990 (Cth) ss 7(1), 7(3), 13, 18(1)(b), 40(2), 40(3), 117, 119, 121A, 138(3)
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