Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reckitt Benckiser Healthcare (UK) Ltd v Glaxosmithkline Australia Pty Ltd (No 5) [2015] FCA 486 Citation: Reckitt Benckiser Healthcare (UK) Ltd v Glaxosmithkline Australia Pty Ltd (No 5) [2015] FCA 486
Parties: RECKITT BENCKISER HEALTHCARE (UK) LIMITED and RECKITT BENCKISER (AUSTRALIA) PTY LIMITED ABN 17 003 2274 655 v GLAXOSMITHKLINE AUSTRALIA PTY LTD ABN 47 100 162 481
File number: NSD 734 of 2013
Judge: RARES J
Date of judgment: 20 May 2015
Catchwords: PATENTS – construction of claims – knowledge of skilled addressee – common general knowledge – whether skilled addressee would have understood patent to be confined to a narrow field of use, where only one claim referred to that field – construction of omnibus claim using expression "substantially as described" PATENTS – infringement – omnibus claim – whether essential result produced by product complained of, rather than exact reproduction of physical characteristics of integers sufficient to create infringement – whether characteristics of integers comprising product complained of created functional difference PATENTS – whether apparatus claimed in patent a manner of manufacture – combination patent – whether product comprised a new and useful combination PATENTS – invalidity – whether claims lacked an inventive step – whether patent obtained by false suggestion or misrepresentation – whether patentee had made a false suggestion as to identity of true inventor – where earlier agreement with third party acknowledged right of patentee to seek patent protection PATENTS – entitlement – whether patentee entitled to invention – whether third party was inventor or co-inventor where neither named in patent nor grantor by assignment – whether inventor's acknowledgements supported patentee's entitlement to patent in circumstance where inventors authorised patentee employer to patent inventions to which they might have otherwise had rights ACCORD AND SATISFACTION – contract – commercial agreement between patentee and component supplier – whether agreement operated as an accord and satisfaction to allow patentee to apply for patent in exchange for narrowing of claims and grant of a restricted licence to supplier to make and sell part of patented combination product EVIDENCE – onus of proof of patentee's lack of entitlement – whether failure to ask witness in chief about essential issue is some evidence against party calling witness
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