Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd [2012] FCA 944 Citation: Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd [2012] FCA 944
Parties: BRADKEN RESOURCES PTY LIMITED (ACN 098 300 988) v LYNX ENGINEERING CONSULTANTS PTY LIMITED (ACN 059 949 469)
File numbers: NSD 439 of 2007 WAD 212 of 2009
Judge: MCKERRACHER J
Date of judgment: 31 August 2012
Catchwords: PATENTS – two appeals from decisions of delegate of Commissioner of Patents – opposition to grant of patent for bulk material transport container on multiple grounds – consideration of nature of appeals as hearings de novo PATENTS – combination patent – novelty – whether invention was disclosed in prior art – application of 'reverse infringement' test – whether invention involved an inventive step – whether the combination of integers would have been an obvious solution to a person skilled in the art in light of common general knowledge – consideration of how a person skilled in the art would have interpreted and understood the prior art – time at which prior art is to be construed PATENTS – disputed priority date – whether there was a 'real and reasonably clear disclosure' in the provisional specification – whether secret use before the priority date – whether use by inventor for reasonable trial and experiment only EVIDENCE – consideration of admissibility and weight to be given to expert evidence where the expert witnesses are not independent
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