Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cytec Industries Inc. v Nalco Company [2019] FCA 1800 File number(s): NSD 130 of 2019
Judge(s): BURLEY J
Date of judgment: 4 November 2019
Catchwords: PATENTS – application to amend under s 105(1A) of the Patents Act 1990 (Cth) – reducing aluminosilicate scale in the Bayer process – where amendments narrow the claims by specifying particular molecules to be used – application to amend granted
Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Patents Act 1990 (Cth) ss 40, 60(4), 102, 104, 105(1A), 105(2), 112
Cases cited: Bristol-Myers Squibb Company v Apotex Pty Ltd (No 2) [2010] FCA 901 Cytec Industries Inc. v Nalco Company [2018] APO 4 Cytec Industries Inc. v Nalco Company [2019] APO 2 Electronic Tax-Free Shopping Ltd v Fexco Merchant Services (No 3) [2017] FCA 569 Garford Pty Ltd v Dywidag-Systems International Pty Ltd [2014] FCA 1039 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Technological Resources Pty Limited v Tettman [2018] FCA 1770
Date of hearing: 30 October 2019
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 51
Solicitor for the Appellant: Mr P Kerr of Allens
Counsel for the Respondent: Mr J S Cooke with Ms A E McDonald
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