TCT Group Pty Ltd v Polaris IP Pty Ltd [2022] FCA 1493

Federal Court of Australia

TCT Group Pty Ltd v Polaris IP Pty Ltd [2022] FCA 1493 File number: NSD 1013 of 2020

Judgment of: BURLEY J

Date of judgment: 14 December 2022

Catchwords: PATENTS –innovation patents relating to hinges – infringement – validity – claim construction PATENTS – validity – priority – whether patents entitled to priority date of parent patent application or provisional application – priority date deferred to filing date PATENTS – validity – lack of clear and complete description – classical sufficiency – s 40(2)(a) of the Patents Act 1990 (Cth) (Patents Act)– whether specifications enable skilled addressee to perform invention over the whole area claimed without undue burden PATENTS – validity – lack of support – s 40(3) of the Patents Act – comparison between invention specified in the claims and that described in the specification – technical contribution to the art PATENTS – validity – lack of novelty – whether two patents anticipated by prior art documents – lack of novelty established in relation to two claims of the 485 patent PATENTS – validity – lack of innovative step – invention in the 485 patent found to lack innovative step – lack of innovative step not established for the 918 patent PATENTS – unjustified threats – whether respondents made unjustified threats of patent infringement in breach of s 128 of the Patents Act CONSUMER LAW – misleading and deceptive conduct – whether respondents contravened s 18 of the Australian Consumer Law by representing to a client of the applicants that it had engaged in patent infringement – dismissed