Trade marks – misleading or deceptive conduct – interlocutory injunction – user of “SPORTSBET” seeks restraint on use of “SPORTINGBET” – characteristics of online betting market – admissibility of focus group report – prima facie case – previous co-existence of rival names – balance of convenience – need to find new name
Patents – infringement and validity – safety system used for the detection of obstructions in the path of a moving part of machinery, such as press brakes
Patents – method for identifying traits from genetic make-up of cows – manner of manufacture, inventive step, sufficiency, novelty, fair basis, clarity, definition and utility.
Patents – pharmaceutical products – paracetamol tablets – erroneous description of testing apparatus –whether claims should be construed so as to avoid the error – level of detail required in describing ingredients in pharmaceutical formulations – relevance of manufacturing and processing information in marketing authorisation application
Patents – novelty – whether language in claim described the function of integers for a locking mechanism or also specified position – utility – “promise” of the invention – “composite” promises – specification refers to multiple advantages conveyed by the invention – whether promises to be interpreted cumulatively or disjunctively
Copyright – Infringement – Innocent infringement – Damages
Patents – infringement – claim construction – validity – novelty – obviousness – misleading or deceptive conduct – unjustified threats – costs
Trade marks – misleading or deceptive conduct – passing off – whether separate reputation in mark – differences in get up – unjustified threats – delay in bringing infringement action – whether claimant acted with due diligence
Patents – complete specification – best method – “performing the invention” – whether feature omitted from specific part of the best method known to the applicant for performing the invention
Copyright – extension of ex parte freezing order – whether duty of candour requires applicant to identify potential bases to find an implied licence – whether freezing order should cover potential additional damages
Patents – amendment – application to amend – fair basis – whether “discrete, unitary disclosure” of combinations of features necessary United States Gypsum Company v CSR Building Products Ltd  FCA 595 The applicant...
Patents – amendment – application to amend to avoid inutility claims – applications limited to deletions of positive statements in the specification concerning the utility of the invention – exercise of discretion
Patents – extension of time to extend term – licences to exploit during period of extension of time application and beyond
H. Lundbeck A/S v Commissioner of Patents FCA 56
Patents – unjustified threats – damages – ultimate findings unsupported, and contradicted by, evidence at trial
Australian Mud Company Pty Ltd v Coretell Pty Ltd  FCAFC 44