Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited [2013] FCA 163

FEDERAL COURT OF AUSTRALIA

Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited [2013] FCA 163 Citation: Dynamite Games Pty Limited v Aruze Gaming Australia Pty Limited [2013] FCA 163

Parties: DYNAMITE GAMES PTY LIMITED (ACN 102 269 732) v ARUZE GAMING AUSTRALIA PTY LIMITED (ACN 002 907 851) and ARUZE GAMING AMERICA INC

File number: NSD 719 of 2010

Judge: EMMETT J

Date of judgment: 4 March 2013

Catchwords: PATENTS – infringement – standard patent and innovation patent – where claimed invention provides an electronic gaming apparatus having novel features for enhancing gameplay interest – where claimed invention has components for monitoring gameplay and the occurrence of a game event – where claimed invention has an event guarantee component for guaranteeing that a game event will trigger within a set amount of gameplay, including a trigger component and an indicator component – where indicator component is for indicating the amount of gameplay remaining before a guaranteed game event will trigger – construction of the patent claims – cross-claim for invalidity PATENTS – s 18(1)(a) of the Patents Act 1990 (Cth) – whether claimed invention is a manner of manufacture within the meaning of s 6 of the Statute of Monopolies PATENTS – validity – requirement of novelty – whether claims not novel when compared with prior art base PATENTS – validity – requirement of inventive step for standard patent – requirement of innovative step for innovation patent – whether patents involved inventive and innovative steps respectively

Legislation: Patents Act 1903 (Cth) Patents Act 1952-55 (Cth) Patents Act 1990 (Cth) ss 7(1), 7(2), 7(3), 13, 18(1)(a), 18(1)(b)(i), 18(1)(b)(ii), 18(1A)(a), 18(1A)(b)(i), 18(1A)(b)(ii), 40 Statute of Monopolies 1623 (Imp) (21 Jac 1 c 3) s 6