Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doric Products Pty Limited v Asia Pacific Trading (Aust) Pty Ltd [2017] FCA 849 File number: NSD 910 of 2015
Judge: BURLEY J
Date of judgment: 28 July 2017
Catchwords: PATENTS – window winders – mechanism for moving window open and closed relative to jamb frame – construction of terms – claim for infringement of two innovation patents – claims of one patent infringed PATENTS – validity – cross-claim alleging lack of novelty and lack of innovative step – patents novel in light of prior art base – patents make substantial contribution to working of prior art – cross-claim dismissed
Legislation: Patents Act 1990 (Cth) ss 7, 18, 40, 79B, 101E
Cases cited: Catnic Components Ltd v Hill and Smith Ltd [1982] RPC 183 Décor Corporation Pty Ltd v Dart Industries Inc (1988) 13 IPR 385 Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81; (2009) 177 FCR 239 Fresenius Medical Care Australia Pty Ltd v Gambro Pty Ltd and Another [2005] FCAFC 220; (2005) 67 IPR 230 H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70; (2009) 177 FCR 151 Jupiters Ltd v Neurizon Pty Ltd [2005] FCAFC 90; (2005) 65 IPR 86 Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [2004] HCA 58; 217 CLR 274 Multisteps Pty Ltd v Source and Sell Pty Ltd [2013] FCA 743; (2013) 214 FCR 323 Radiation Limited v Galliers and Klaerr Pty Ltd [1938] HCA 17; (1938) 60 CLR 36
Date of hearing: 13, 14 and 16 March 2017
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