Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Global Fruit Protection Pty Ltd v Mount Sommerset Pty Ltd [2019] FCA 1264 File number(s): QUD 462 of 2018
Judge(s): GREENWOOD J
Date of judgment: 12 August 2019
Catchwords: PATENTS – consideration of an application for leave to amend a cross-claim for invalidity of the two patents in suit by introducing particulars of contended pieces of prior art going to lack of novelty – consideration of an application to amend the cross-claim to introduce matters going to a lack of inventive step
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M and 37N Federal Court Rules 2011 (Cth), rr 16.53 and 34.46 Patents Act 1990 (Cth), ss 18 and 138 Patents Regulations 1991 (Cth), reg 12.4
Cases cited: Stewart v Deputy Commissioner of Taxation (2010) 76 ATR 66 UPaid Systems Ltd v Telstra Corp Ltd (2013) 220 FCR 182 Woodbridge Foam Corporation v AFCO Automotive Components Pty Ltd (2002) 58 IPR 56
Date of hearing: 2 April 2019
Date of last submissions: 2 April 2019
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
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