Abbotts Labratories v Corbridge Group Pty Ltd [2000] FCA 1713

Abbotts Labratories v Corbridge Group Pty Ltd [2000] FCA 1713

The Selfcare strip does not infringe claims 1, 3, 19, 22, or 23 of Australian patent number 572138 because claims 1 and 19 relate to invasive sensors which the strip is not, and claim 3 requires adaptation for dipping into a liquid medium, which the Selfcare strip is not designed for.

Parties
First Applicant: Abbott Laboratories; Second Applicant: Abbott Australasia Pty Limited; First Respondent: Corbridge Group Pty Limited; Second Respondent: Selfcare Pty Limited; First Cross Claimant: Corbridge Group Pty Limited; Second Cross Claimant: Selfcare Pty Limited; First Cross Respondent: Abbott Laboratories; Second Cross Respondent: Abbott Australasia Pty Limited
Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Patent Infringement and Revocation / Final Judgment on Application; Cross Claims Stood Over
Outcome
application dismissed
Legal Topics
Patent Construction, Patent Infringement, Trade Practices Act
Intellectual Property Patent Construction Patent Infringement Trade Practices Act

Case Brief

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Parties

Abbott Laboratories

First Applicant

Abbott Australasia Pty Limited

Second Applicant

Corbridge Group Pty Limited

First Respondent

Selfcare Pty Limited

Second Respondent

Corbridge Group Pty Limited

First Cross Claimant

Selfcare Pty Limited

Second Cross Claimant

Abbott Laboratories

First Cross Respondent

Abbott Australasia Pty Limited

Second Cross Respondent

Procedural Posture

Patent Infringement and Revocation / Final Judgment on Application; Cross Claims Stood Over

Legal Issues

  1. 1 Proper construction of claims 1, 3, 19, 22, and 23 in Australian patent number 572138
  2. 2 Whether the Selfcare strip infringes the patent claims
  3. 3 Meaning of 'comprising' in the patent claims

Ratio Decidendi

The Selfcare strip does not infringe claims 1, 3, 19, 22, or 23 of Australian patent number 572138 because claims 1 and 19 relate to invasive sensors which the strip is not, and claim 3 requires adaptation for dipping into a liquid medium, which the Selfcare strip is not designed for.

Court Disposition

application dismissed

Orders

  • Application dismissed.
  • Costs of the application reserved.