Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vehicle Monitoring Systems Pty Limited v Sarb Management Group Pty Ltd (trading as Database Consultants Australia) (No 2) [2013] FCA 395 Citation: Vehicle Monitoring Systems Pty Limited v Sarb Management Group Pty Ltd (trading as Database Consultants Australia) (No 2) [2013] FCA 395
Parties: VEHICLE MONITORING SYSTEMS PTY LIMITED ACN 107 396 136 v SARB MANAGEMENT GROUP PTY LTD (T/A DATABASE CONSULTANTS AUSTRALIA) ACN 106 549 722
File number: NSD 395 of 2011
Judge: YATES J
Date of judgment: 3 May 2013
Catchwords: PATENTS – innovation patent – methods and apparatuses for identifying overstay of a vehicle in a parking space – meaning of "wake-up signals" PATENTS – infringement – direct infringement – contributory infringement under s 117(1) of the Patents Act 1990 (Cth) – whether the defence under s 119(1) of the Act available – authorisation – temporal relation between respondent's exploitation and the priority date of the claims PATENTS – determination of priority date of the claims where patent based on divisional applications – discussion of test under regs 3.12(1)(b) and (c) of the Patents Regulations 1991 (Cth) – whether claims fairly based on matter disclosed in the priority documents PATENTS – validity – whether claims fairly based on the matter described in the specification – whether invention as claimed novel – "paper anticipation" – prior use – adequacy of disclosure – whether invention as claimed supported by an innovative step
Legislation: Patents Act 1990 (Cth), ss 7(1), (4), (5) and (6), 18(1A)(b)(i) and (ii), 40(3), 43(2), 117, 119(1) and (5), 138(3)(b) and (f) Patents Regulations 1991 (Cth), regs 3.12(1) and 3.12(2C)
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