Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MSA 4x4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd [2024] FCA 24 File number(s): QUD 32 of 2021
Judgment of: DOWNES J
Date of judgment: 24 January 2024
Catchwords: PATENTS – patent for apparatus for storing or holding items – claim construction – infringement – validity PATENTS – infringement – construction of claims – no infringement found PATENTS – validity – novelty – whether prior publications being patent and patent applications anticipated claimed invention PATENTS – validity – lack of inventive step – ground not established PATENTS – validity – lack of fair basis – ground established if patentee's construction of disputed term is correct PATENTS – unjustified threats – whether cross-respondents made unjustified threats in breach of s 128 of the Patents Act 1990 (Cth) – announcements made to customers and prospective customers AUSTRALIAN CONSUMER LAW – whether cross-respondents contravened s 18 of the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) – false and misleading allegation of copying in announcements EVIDENCE – expert witness provided with patent and prior art and instructed to opine as to whether invention is obvious – no evidence that expert was informed as to meaning of term – opinion of expert evidence as to obviousness excluded
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