Termite Tite (NZ) No 2 Limited v Term-Seal (Aust) Pty Limited [2007] FCA 1493

Termite Tite (NZ) No 2 Limited v Term-Seal (Aust) Pty Limited [2007] FCA 1493

Respondents’ product contains all integers of the applicants’ patent claims alleged to be infringed; none of the cited prior art or evidence established lack of novelty, lack of inventive step, or lack of utility; consequently, infringement was proved and the patent is valid.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Infringement and Revocation Proceedings (patents) / Final Judgment on Liability and Validity
Outcome
Applicants succeed in infringement claim; Respondents’ counter-claim for revocation dismissed; Orders to be determined after further hearing.
Legal Topics
['patent Infringement' 'patent Validity' 'novelty' 'inventive Step' 'utility' 'construction of Claims']
['intellectual Property' 'patents'] ['patent Infringement' 'patent Validity' 'novelty' 'inventive Step' 'utility' 'construction of Claims']

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Procedural Posture

Infringement and Revocation Proceedings (patents) / Final Judgment on Liability and Validity

Legal Issues

  1. 1 ['Whether respondents infringed claims 1, 2, 3, 5, 6 and 9 of the applicants’ patent' 'Whether claims 1, 2, 3, 5, 6 and 9 are invalid for lack of novelty, inventive step or utility']

Ratio Decidendi

Respondents’ product contains all integers of the applicants’ patent claims alleged to be infringed; none of the cited prior art or evidence established lack of novelty, lack of inventive step, or lack of utility; consequently, infringement was proved and the patent is valid.

Court Disposition

Applicants succeed in infringement claim; Respondents’ counter-claim for revocation dismissed; Orders to be determined after further hearing.

Orders

  • ['Further consideration of the orders to be made in light of these reasons be adjourned to a date to be fixed.']