Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306

FEDERAL COURT OF AUSTRALIA

Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306 File number: NSD 1210 of 2016

Judge: ROBERTSON J

Date of judgment: 17 March 2020

Catchwords: PATENTS – standard patent and innovation patent –patents entitled "Method for Detecting Fluid Injection in a Patient" – where applicant alleged respondent infringed patents by supplying, or offering to supply, to certain of its customers, hydraulic products containing fluorescent dye, in circumstances where the dye or product was not acquired from the patentee – whether products not a "staple commercial product" – whether respondent had reason to believe that the person supplied by it would put the products to an infringing use – whether use of the products in accordance with any instructions for that use, or any inducement to use the products, given to the person supplied – whether respondent liable for patent infringement by the person supplied with respondent's products as having authorised the infringement – whether joint tortfeasance PATENTS – cross-claim by respondent against applicant alleging that standard patent and innovation patent were invalid and liable to be revoked on the grounds of: lack of clarity; insufficiency and failure to disclose best method; lack of utility; lack of fair basis; lack of novelty; and secret use – where respondent also contended the innovation patent was invalid on an additional ground, being that claims 1 to 3 of that patent were not clear and succinct and supported by matter disclosed in the specification within the meaning of the new form of s 40(3) of the Patents Act 1990 (Cth)