Konami Australia Pty Ltd v Aristocrat Technologies Australia Pty Ltd [2016] FCAFC 103

Konami Australia Pty Ltd v Aristocrat Technologies Australia Pty Ltd [2016] FCAFC 103

The Court held that the 689 Patent covered combination triggers and required only a direct, not mathematically exact, relationship between turnover and probability; that the patent was not invalid for lack of inventive step or fair basis; and that Konami's Dreaming Orcas machine infringed. The 847 Patent, although novel, was found obvious and lacking inventive step, and was thus invalid. The result was that both the appeal and cross-appeal were dismissed with costs.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Appeal and Cross Appeal in Patent Infringement Proceedings / Judgment on Appeal
Outcome
Appeal and cross-appeal dismissed with costs
Legal Topics
['patents' 'patent Construction' 'inventive Step' 'obviousness' 'infringement' 'fair Basis' 'gaming Machine Patents']
['intellectual Property Law'] ['patents' 'patent Construction' 'inventive Step' 'obviousness' 'infringement' 'fair Basis' 'gaming Machine Patents']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal and Cross Appeal in Patent Infringement Proceedings / Judgment on Appeal

Legal Issues

  1. 1 ['Proper construction of the 689 Patent (trigger condition and direct relationship)' 'Whether 689 Patent lacks inventive step' 'Whether 689 Patent is fairly based' 'Whether Dreaming Orcas machine infringes 689 Patent' 'Proper construction and validity of 847 Patent' 'Whether Prize Plus feature infringes 847 Patent' 'Whether 847 Patent lacks inventive step']

Ratio Decidendi

The Court held that the 689 Patent covered combination triggers and required only a direct, not mathematically exact, relationship between turnover and probability; that the patent was not invalid for lack of inventive step or fair basis; and that Konami's Dreaming Orcas machine infringed. The 847 Patent, although novel, was found obvious and lacking inventive step, and was thus invalid. The result was that both the appeal and cross-appeal were dismissed with costs.

Court Disposition

Appeal and cross-appeal dismissed with costs

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal as taxed or agreed." 'The cross-appeal be dismissed.' "The cross-appellant pay the cross-respondent's costs as taxed or agreed."]