Federal Court of Australia
Federal Court of Australia
Falkenhagen v West [2021] FCA 575 File number(s): QUD 508 of 2019
Judgment of: GREENWOOD J
Date of judgment: 31 May 2021
Catchwords: PATENTS – consideration of an application for leave to amend the statement of claim – consideration of a corresponding application to strike out the existing statement of claim – consideration of the adequacy of the pleading of an agreement to develop an invention entitled "Hollow Borer Auger"
Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2, s 236 Corporations Act 2001 (Cth), ss 131, 1071B Federal Court of Australia Act 1976 (Cth), ss 37M, 37N and 37P Patents Act 1990 (Cth), ss 3, 13, 14, 18, 29, 29A, 81, 113, 154, 187, 188, 189 and 191A
Cases cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and associated statutes
Number of paragraphs: 103
Date of hearing: 20 May 2021
Counsel for the Applicant: Mr A Wrenn
Solicitor for the Applicant: Arnell & Cooper Lawyers Pty Ltd
Counsel for the Respondents: Mr M Doyle
Solicitor for the Respondents: B & G Law
ORDERS QUD 508 of 2019
BETWEEN: ERIC ALAN FALKENHAGEN Applicant
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