Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mizzi Family Holdings Pty Ltd v Morellini [2013] FCA 1435 Citation: Mizzi Family Holdings Pty Ltd v Morellini [2013] FCA 1435
Parties: MIZZI FAMILY HOLDINGS PTY LTD (ACN 132 033 615) v DARYL MARK MORELLINI; DARYL MARK MORELLINI; MIZZI FAMILY HOLDINGS PTY LTD (ACN 132 033 615) and PAUL LAURENCE MIZZI
File number: QUD 112 of 2011
Judge: DOWSETT J
Date of judgment: 24 December 2013
Catchwords: PATENTS – innovation patent – invention for device to plant billets of sugar cane within mound – whether patent invalid for want of novelty, lack of innovative step, false suggestion or misrepresentation or lack of fair basing – where onus on cross-claimant to prove invalidity – consideration of meaning of false suggestion or misrepresentation – where invalidity not proved upon proper construction of specification PATENTS – innovation patent – whether respondent's invention infringes innovation patent – where evidence that device modified during demonstration – where expert evidence nonetheless equivocal as to effect of modification – where applicant therefore unable to prove infringement
Legislation: Patents Act 1990 (Cth) ss 18, 40, 138
Cases cited: In the matter of Alsop's Patent (1907) 24 RPC 733 cited JMBV Enterprises Pty Ltd v Camoflag Pty Ltd (2005) 67 IPR 68 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate