Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2018] FCA 1839

FEDERAL COURT OF AUSTRALIA

Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2018] FCA 1839 File number: NSD 1089 of 2016

Judge: BESANKO J

Date of judgment: 26 November 2018

Catchwords: PATENTS – where first applicant is the registered owner of a patent titled the Core Sample Orientation (the Patent) – where second applicant is the exclusive licensee of the Patent – consideration of the person skilled in the art – consideration of the field of the invention – consideration of the common general knowledge PATENTS – whether respondents have infringed various claims in the Patent – where claims in suit in the Patent are method claims and system claims PATENTS – consideration of the proper construction of the claims in suit – whether there is a lack of clarity in respect of the claims in suit – whether there is a lack of fair basis in respect of the claims in suit – whether there is a lack of utility in respect of the claims in suit PATENTS – where respondents filed a cross-claim challenging the validity of the claims in suit on a number of grounds – priority date of claims in suit – whether claims in suit are invalid due to a lack of novelty – whether claims in suit lack an inventive step having regard to common general knowledge alone and, in the alternative, common general knowledge and information falling within the terms of s 7(3) of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – where order made prior to trial that issues of liability be heard and determined before issues of the quantum and any pecuniary relief – where claim for additional damages under s 122(1A) of the Patents Act – where entitlement to additional damages under s 122(1A) of the Patents Act, but not the quantum thereof should an entitlement be established, is a part of the hearing – whether applicants are entitled to additional damages