IN THE MATTER OF LETTERS PATENT NOS. 112379, 112550 AND 112570 GRANTED TO E.I. DU PONT DE NEMOURS & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED 13/1955

i GA Bh. o%6 IES a i

| IN THE HIGH COURT OF AUSTRALIA

IN_THE MATTER. OF LETTE!

NOS. 1123795 112550 AND wise ' GRANTED TO BE. I. DU PONT DE NEMOURS. & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED

Judgment delivered at... MELBOURNE...

W. M. Houston, Govt. Print., Melb.

cm: O™ ms Gort. Print Melb, con...... THURSDAY ,...257TH. OCTOBER,..19.56.

IN THE MATTER OF LETTERS PATENT NOS.112379,

112550 and 112570 GRANTED TO E.I. DE PONT DE

NEMOURS & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED.

JUDGMENT TAYLOR J.

\ \ i i 1. |

I a ata it

IN THE MATTER OF LETTERS PATENT NOS. 112579,

112550 and 112570 GRANTED TO E. I. DE PONT DE

NEMOURS & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED. |

JUDGMENT

At the conclusion of the hearing of this matter I had formed the view, notwithstanding the objections which had been raised, that the applicants had made out a case for an extension for a substantial period of the respective terms of the Letters Patent the subject of the application. The appropriate period of the extension, I thought, should be from four to five years in each case. I reserved the matter for consideration, however, first of all because it was suggested that it might be proper to make any regrants in a limited form and subject to an undertaking designed to ensure the granting of gratuitous licences in the event of British Nylon Spinners Limited being unable at any time to satisfy the local demand for goods manufactured under the patented processes, and secondly, because it was also 4 suggested that I might express some final views upon questions which seemed to me to be, at the most, on the fringe of the case.

Upon consideration I am satisfied that the regrants should not be subject to any limitation or undertaking and, further, that it is not an appropriate case in which to deal with the questions referred to.