Federal Court of Australia
Federal Court of Australia
Stratus Medical LLC v Diros Technology Inc [2021] FCA 1330 File number: NSD 438 of 2019
Judgment of: NICHOLAS J
Date of judgment: 28 October 2021
Catchwords: PATENTS – whether order directing amendment of patent should be made pursuant to s 105(1) of the Patents Act 1990 (Cth) ("the Act") – whether amendment allowable under s 102 of the Act – whether there exists any discretionary reason justifying refusal of amendment application
Legislation: Patents Act 1990 (Cth) ss 40(2), 40(3), 40(3A), 102, 105(1)
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 12
Date of submissions: 15 October 2021
Date of hearing: Determined on the papers
Counsel for the Applicant/Cross-Respondent: Mr NR Murray SC with Mr BA Mee
Solicitor for the Applicant/Cross-Respondent: Allens
Counsel for the Respondents/Cross-Claimant: Mr C Dimitriadis SC with Mr AR Hughes
Solicitor for the Respondents/Cross-Claimant: Konstantine Darmos & Associates
ORDERS NSD 438 of 2019
BETWEEN: STRATUS MEDICAL LLC Applicant
AND: DIROS TECHNOLOGY INC First Respondent
M MEDICAL PTY LTD (ACN 625 734 634) Second Respondent
AND BETWEEN: DIROS TECHNOLOGY INC Cross-Claimant
AND: STRATUS MEDICAL LLC Cross-Respondent
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