Stratus Medical LLC v Diros Technology Inc [2021] FCA 1330

Stratus Medical LLC v Diros Technology Inc [2021] FCA 1330

The amendment from 'ablation' to 'neurotomy' in claim 1 narrows the claim, does not introduce new matter, complies with the provisions of s 102, removes ambiguity, and there are no discretionary reasons to refuse the order. Amendment should be granted by consent.

Jurisdiction
Australia
Judgment Date
28 October 2021
Procedural Posture
Patent Infringement and Amendment Proceeding / Final Judgment After Settlement; Orders Made by Consent
Outcome
Application for amendment granted by consent; proceedings discontinued; orders as to costs and security vacated.
Legal Topics
['patent Amendment' 'patent Infringement' 'patent Revocation' 'consent Orders']
['intellectual Property'] ['patent Amendment' 'patent Infringement' 'patent Revocation' 'consent Orders']

Case Brief

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Procedural Posture

Patent Infringement and Amendment Proceeding / Final Judgment After Settlement; Orders Made by Consent

Legal Issues

  1. 1 ['Whether order directing amendment of patent should be made under s 105(1) of the Patents Act 1990 (Cth)' 'Whether amendment allowable under s 102 of the Act' 'Whether there are discretionary reasons to refuse the amendment']

Ratio Decidendi

The amendment from 'ablation' to 'neurotomy' in claim 1 narrows the claim, does not introduce new matter, complies with the provisions of s 102, removes ambiguity, and there are no discretionary reasons to refuse the order. Amendment should be granted by consent.

Court Disposition

Application for amendment granted by consent; proceedings discontinued; orders as to costs and security vacated.

Orders

  • ['Australian Standard Patent No 2015261694 be amended per Statement of Proposed Amendment (Annexure A)' 'Leave granted to applicant/cross-respondent to discontinue proceeding with no order as to costs' 'Leave granted to first respondent/cross-claimant to discontinue cross-claim filed with no order as to costs'...