Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Technological Resources Pty Limited v Tettman [2018] FCA 1770 File number: VID 436 of 2018
Judge: MIDDLETON J
Date of judgment: 13 November 2018
Date of publication of reasons: 15 November 2018
Catchwords: PATENTS – application to amend patent – whether proposed amendments allowable under section 102 of the Patents Act 1990 (Cth) – scope of claim not broadened – application allowed.
Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Patents Act 1990 (Cth) ss 102, 105(1A) Cases cited: Bristol-Myers Squibb Co v Apotex Pty Ltd (2010) 87 IPR 516 Tettman v Technological Resources Pty Limited [2018] APO 22
Date of hearing: 13 November 2018
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 31
Counsel for the Appellant: Mr C Dimitriadis SC with Mr J S Cooke
Solicitor for the Appellant: MinterEllison
Counsel for the Respondent: Ms C Cunliffe
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS VID 436 of 2018
BETWEEN: TECHNOLOGICAL RESOURCES PTY LIMITED (ACN 002 183 557) Appellant
AND: RAYMOND LUDWIG JOHN TETTMAN Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 13 NOVEMBER 2018
THE COURT ORDERS THAT:
1. Pursuant to section 105(1A) of the Patents Act 1990 (Cth), the claims of Australian Patent Application No. 2011261171 (the 'Patent Application') be amended in the form indicated in 'Annexure A' to these orders. 2. By Monday 10 December 2018, the Respondent file and serve a statement of the grounds and particulars of his opposition to the grant of a patent on the Patent Application. 3. By Friday 1 March 2019, the Respondent file and serve his evidence in chief. 4. By Friday 31 May 2019, the Appellant file and serve its evidence in answer. 5. The proceedings be listed for further case management hearing at 10.15am on 7 June 2019. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Annexure 'A'
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