Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pilkin v Sony Australia Limited (No 2) [2019] FCA 980 File number: NSD 214 of 2018
Judge: RARES J
Date of judgment: 3 June 2019
Catchwords: INTELLECTUAL PROPERTY – patents – whether patent had deferred priority date under Patents Act 1990 (Cth) ss 102, 114 and Patents Regulation 1991 (Cth) reg 3.14 – where result of amending complete specification disclosed matter that extended beyond that disclosed in complete specification as filed – whether patent lacked novelty – where prior art disclosed all integers of invention in patent in suit PRACTICE AND PROCEDURE – application for leave to serve outside the jurisdiction under r 10.43 of the Federal Court Rules 2011 – whether prima facie case for relief established under r 10.43(4) – where foreign respondent did not exist at the time of alleged patent infringement – where new foreign respondent did not assume pre-incorporation liabilities for another entity's alleged patent infringement PRACTICE AND PROCEDURE – summary dismissal of the proceeding under Federal Court of Australia Act 1976 (Cth) s 31A(2) – where applicant has no reasonable prospect of successfully prosecuting the proceeding
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 1979 O 8 r 2(2)(c) Federal Court Rules 2011 rr 10.43, 26.01 Patents Act 1990 (Cth) ss 102, 114, 117 Patents Regulations 1991 (Cth) reg 3.14
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