Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Research Affiliates LLC v Commissioner of Patents [2013] FCA 329 Citation: Research Affiliates LLC v Commissioner of Patents [2013] FCA 329
Appeal from: Research Affiliates LLC v Commissioner of Patents [2013] FCA 71
Parties: RESEARCH AFFILIATES LLC v COMMISSIONER OF PATENTS
File number: NSD 328 of 2013
Judge: FLICK J
Date of judgment: 12 April 2013
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – application referred to a Full Court – discretion to refer to a Full Court PATENTS – appeal to a Full Court – need for leave
Legislation: Patents Act 1990 (Cth) ss 18(1), 158(2) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 25(2), 37M Federal Court Rules 2011 Division 35.2
Cases cited: Atich v Civil Aviation Authority [2013] FCA 20 Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111 Chan & Naylor Norwest Pty Ltd v CNIP Pty Ltd [2011] FCA 1203 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 822 Genetics Institute Inc v Kirin-Amgen Inc [1999] FCA 742, 92 FCR 106 Niemann v Electronic Industries Ltd [1978] VR 431 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2008) 169 FCR 435 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536 Pfizer Corporation v Commissioner of Patents [2006] FCAFC 190, 155 FCR 578 Rawson Finances Pty Limited v Deputy Commissioner of Taxation [2010] FCAFC 139 Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 Saraceni v Australian Securities and Investments Commission [2012] FCA 899 Sharp v Deputy Commissioner of Taxation (1988) 19 ATR 908, 88 ATC 4184 Sunnyfield Association v Cronk [2010] FCA 143, 85 IPR 384 TS Production LLC v Drew Pictures Pty Ltd [2008] FCA 1329
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