Britax Childcare Pty Ltd v Infa-Secure Pty Ltd [No 3] [2012] FCA 1019

Britax Childcare Pty Ltd v Infa-Secure Pty Ltd [No 3] [2012] FCA 1019

The relevant infringement date for the Standard Patent is 15 February 1996, the date the specification became open to public inspection. For the Innovation Patents, the relevant date is 9 June 2005, the filing date of the parent patent application’s complete specification. Omnibus claims are to be constructed as covering products substantially the same as those described and illustrated, not limited strictly to identikit replication, nor so broadly as to permit replacement of essential features.

Jurisdiction
Australia
Judgment Date
18 September 2012
Procedural Posture
Patent Infringement Proceedings / Determination of Relevant Dates for Infringement; Construction of Omnibus Claims
Outcome
Determination of relevant dates for infringement made. Guidance provided on construction of omnibus claims. No final determination of infringement.
Legal Topics
['patent Law' 'innovation Patents' 'divisional Applications' 'omnibus Claims' 'claim Construction']
['intellectual Property'] ['patent Law' 'innovation Patents' 'divisional Applications' 'omnibus Claims' 'claim Construction']

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Procedural Posture

Patent Infringement Proceedings / Determination of Relevant Dates for Infringement; Construction of Omnibus Claims

Legal Issues

  1. 1 ['What are the relevant dates for determining infringement of the standard and innovation patents?' 'How should omnibus claims be construed under Australian patent law?']

Ratio Decidendi

The relevant infringement date for the Standard Patent is 15 February 1996, the date the specification became open to public inspection. For the Innovation Patents, the relevant date is 9 June 2005, the filing date of the parent patent application’s complete specification. Omnibus claims are to be constructed as covering products substantially the same as those described and illustrated, not limited strictly to identikit replication, nor so broadly as to permit replacement of essential features.

Court Disposition

Determination of relevant dates for infringement made. Guidance provided on construction of omnibus claims. No final determination of infringement.

Orders

  • ['The relevant date for infringement of the Standard Patent is 15 February 1996.' 'The relevant date for infringement of the Innovation Patents is 9 June 2005.' 'Expert witnesses to use guidance provided on omnibus claim construction for further report.']