Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd [2008] FCA 875

Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd [2008] FCA 875

The application to amend particulars and re-open the case was granted because the explanation for delay was satisfactory, the new prior art was relevant, prejudice to the other side could be addressed by appropriate terms, and the public interest was engaged.

Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Patent Infringement and Revocation / Interlocutory Application to Amend Particulars and Re Open Case
Outcome
Application granted to amend particulars and re-open case.
Legal Topics
['patents' 'innovation Patents' 'invalidity' 'prior Art' 'novelty' 'innovative Step']
['intellectual Property'] ['patents' 'innovation Patents' 'invalidity' 'prior Art' 'novelty' 'innovative Step']

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Procedural Posture

Patent Infringement and Revocation / Interlocutory Application to Amend Particulars and Re Open Case

Legal Issues

  1. 1 ['Whether leave should be granted to amend particulars of invalidity in relation to lack of innovative step and novelty for Australian Innovation Patents.' 'Whether leave should be granted to re-open the case to tender United States Patent No US 3312156 as prior art.']

Ratio Decidendi

The application to amend particulars and re-open the case was granted because the explanation for delay was satisfactory, the new prior art was relevant, prejudice to the other side could be addressed by appropriate terms, and the public interest was engaged.

Court Disposition

Application granted to amend particulars and re-open case.

Orders

  • ['Leave granted to amend Particulars of Invalidity by filing Fourth Further Amended Particulars of Invalidity as per annexure A.' 'Leave granted to re-open case in respect of validity of Australian Innovation Patents Nos 2005100978, 2006100297 and 2006100696 by tendering United States Patent No US 3312156...