Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd [2008] FCA 1225

Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd [2008] FCA 1225

The Flexi-Steel roadside post infringes the asserted patents because the relevant features, including elastic bendability through 90°, are present, and the claims are not to be limited by the testing methodology advanced by Dura-Post. The claims, read as a whole, require only the described physical characteristics. Invalidity was established in respect of certain claims (claims 1 and 2 of Patents No 2 and 3) due to lack of innovative step over Pellowski. The remaining claims were not invalid as the variations provided a substantial contribution to the working of the invention, and the patents were sufficiently clear, fairly based, and useful.

Parties
Applicant, Cross Respondent: Delnorth Pty Ltd ACN 051 954 977; Respondent, Cross Claimant: Dura-Post (Aust) Pty Ltd ACN 101 287 512
Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Patent Infringement and Invalidity / Trial Judgment on Liability and Validity
Outcome
Infringement established; claims 1 and 2 of Patents No 2 and 3 found invalid; further orders to be settled.
Legal Topics
Innovation Patents, Patent Infringement, Patent Validity, Priority Date, Manner of Manufacture, Novelty, Innovative Step, Fair Basis, Clarity, Utility
Intellectual Property Patents Innovation Patents Patent Infringement Patent Validity Priority Date Manner of Manufacture Novelty +4 more

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Parties

Delnorth Pty Ltd ACN 051 954 977

Applicant, Cross Respondent

Dura-Post (Aust) Pty Ltd ACN 101 287 512

Respondent, Cross Claimant

Procedural Posture

Patent Infringement and Invalidity / Trial Judgment on Liability and Validity

Legal Issues

  1. 1 Whether the respondent infringed the applicant’s innovation patents by manufacturing and selling the Flexi-Steel roadside post
  2. 2 Whether relevant claims of the applicant’s patents are invalid as not novel or lacking an innovative step
  3. 3 Whether the asserted claims are clear, fairly based, and useful

Ratio Decidendi

The Flexi-Steel roadside post infringes the asserted patents because the relevant features, including elastic bendability through 90°, are present, and the claims are not to be limited by the testing methodology advanced by Dura-Post. The claims, read as a whole, require only the described physical characteristics. Invalidity was established in respect of certain claims (claims 1 and 2 of Patents No 2 and 3) due to lack of innovative step over Pellowski. The remaining claims were not invalid as the variations provided a substantial contribution to the working of the invention, and the patents were sufficiently clear, fairly based, and useful.

Court Disposition

Infringement established; claims 1 and 2 of Patents No 2 and 3 found invalid; further orders to be settled.

Orders

  • Proceedings stood over to 14 August 2008 to settle orders including costs.