Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Embertec Pty Limited v Energy Efficient Technologies Pty Limited (No. 3) [2013] FCA 1010 Citation: Embertec Pty Limited v Energy Efficient Technologies Pty Limited [2013] FCA 1010
Parties: EMBERTEC PTY LIMITED ACN 110 367 809 v ENERGY EFFICIENT TECHNOLOGIES PTY LIMITED ACN 123 181 439 and STAVROS PAPPAS
File number(s): NSD 1167 of 2012
Judge(s): ROBERTSON J
Date of judgment: 9 October 2013
Catchwords: PRACTICE AND PROCEDURE – amendment – discretion to grant leave PRACTICE AND PROCEDURE – discovery – proceedings under Patents Act 1990 (Cth) – where pleadings raise claims for infringement of two of applicant's patents by respondents – where defence raises invalidity of patents and Crown use – where cross-claim raises invalidity of patents on grounds that claims do not claim a patentable invention; insufficiency of claims; claims lack clarity; claims not fairly based; claims not novel and did not involve an innovative step when compared with the prior art base as it existed before the priority date; claims not useful
Legislation: Patents Act 1990 (Cth)
Cases cited: F Hoffman-La Roche AG v Chiron Corporation (2000) 171 ALR 295 Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2001] FCA 235 Lubrizol Corporation Inc v Imperial Chemical Industries Plc (2000) 50 IPR 526 Trade Practices Commission v International Technology Holdings Pty Ltd (1995) 31 IPR 466
Date of hearing: 13 September 2013
Place: Sydney
Division: GENERAL DIVISION
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