Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC (No 2) [2024] FCA 291 Appeal from: Boehringer Ingelheim Animal Health USA Inc. v Zoetis Services LLC [2020] APO 40
File number: VID 632 of 2020
Judgment of: ROFE J
Date of judgment: 26 March 2024
Catchwords: PATENTS – three patent applications on appeal from a decision of a delegate of the Commissioner of Patents – validity of dependent claims after findings in Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119 that certain independent claims were invalid – lack of inventive step – lack of disclosure and support – whether best method disclosed – all claims of each of the patent applications invalid. COSTS – appellant successful in invalidating all claims – whether parties should bear their own costs up until the appellant amended notice of contention to include best method objection – whether costs thrown away by reason of certain amendments. PRACTICE AND PROCEDURE – form of final orders –– whether to grant leave to appeal to the Full Court – leave to appeal granted.
Legislation: Patents Act 1990 (Cth) Patents Regulations 1991 (Cth)
Cases cited: Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119 Energy Beverages LLC v Cantarella Bros Pty Ltd (2023) 170 IPR 281 Insta Image Pty Ltd v KD Kanopy Australasia Pty Ltd (2008) 78 IPR 20 Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2007) 235 CLR 173 Pfizer Corp v Commissioner of Patents (2007) 70 IPR 559 Rehm Pty Ltd v Websters Security Systems (International) Pty Ltd (1988) 11 IPR 289
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