Federal Court of Australia
Federal Court of Australia
Vald Performance Pty Ltd v Kangatech Pty Ltd (No 4) [2022] FCA 557 File number(s): QUD 440 of 2019
Judgment of: GREENWOOD J
Date of judgment: 13 May 2022
Catchwords: INTELLECTUAL PROPERTY – consideration of an application to amend particulars of invalidity – consideration of the approach in determining whether the claims defining the invention are supported by matter disclosed in the specification for the purposes of s 40(3) of the Patents Act 1990 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M(1)-(2), 37N(1), 37N(2)(a)-(b), 43 Patents Act 1990 (Cth), ss 18, 37, 40, 138
Cases cited: Vald Performance Pty Ltd v Kangatech Pty Ltd [2021] FCA 539 Vald Performance Pty Ltd v Kangatech Pty Ltd (No 3) [2021] FCA 1265
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Number of paragraphs: 28
Date of hearing: 28 March 2022
Counsel for the Applicant: Mr D Logan QC
Solicitor for the Applicant: Holding Redlich
Counsel for the Respondent: Mr B Fitzpatrick
Solicitor for the Respondent: Wray Lawyers
ORDERS QUD 440 of 2019
BETWEEN: VALD PERFORMANCE PTY LTD (ACN 603 446 171) Applicant
AND: KANGATECH PTY LTD (ACN 609 070 340) Respondent
order made by: greenwood j DATE OF ORDER: 13 MAY 2022
THE COURT ORDERS THAT:
1. The applicant submit proposed orders within seven days giving effect to these reasons. 2. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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