Meat & Livestock Australia Limited v Cargill, Inc (No 2) [2019] FCA 33

Meat & Livestock Australia Limited v Cargill, Inc (No 2) [2019] FCA 33

The Court has jurisdiction under s 105(1A) Patents Act 1990 (Cth) to entertain the amendment application while the appeal is on foot, even after principal reasons have been delivered but before final orders made. The amendments specifying statistical significance (p-value) and linkage disequilibrium (r2 metric) in claims are allowable under s 102 as they clarify, narrow, and provide objective standards consistent with the specification and common general knowledge. The power under s 105(1A) is discretionary, and the relevant discretionary factors (delay, knowledge, disclosure, unfair advantage) did not warrant refusal of the amendment. The amendments are granted and parties are to submit...

Jurisdiction
Australia
Judgment Date
23 January 2019
Procedural Posture
Appeal and Application to Amend Patent Claims (patent Opposition) / Post Hearing, Judgment on Appeal, Amendment Application Determination
Outcome
Amendment application granted; parties to submit proposed minutes/orders for final disposition of appeal and amendment, and costs. Liberty to apply.
Legal Topics
['patents' 'patent Opposition' 'amendment of Patent Claims' 'clarity' 'definition' 'utility' 'statistical Significance' 'linkage Disequilibrium']
['intellectual Property'] ['patents' 'patent Opposition' 'amendment of Patent Claims' 'clarity' 'definition' 'utility' 'statistical Significance' 'linkage Disequilibrium']

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Procedural Posture

Appeal and Application to Amend Patent Claims (patent Opposition) / Post Hearing, Judgment on Appeal, Amendment Application Determination

Legal Issues

  1. 1 ['Whether Court has jurisdiction under s 105(1A) Patents Act 1990 (Cth) to entertain amendment application after principal reasons delivered but before appeal finally disposed' 'Whether amendments to patent claims are allowable under s 102 Patents Act 1990 (Cth) concerning clarity, definition, utility, and fair basis' 'Whether linkage disequilibrium and statistical significance amendments are adequately disclosed' 'Whether amendment power under s 105(1A) is discretionary or merely empowering']

Ratio Decidendi

The Court has jurisdiction under s 105(1A) Patents Act 1990 (Cth) to entertain the amendment application while the appeal is on foot, even after principal reasons have been delivered but before final orders made. The amendments specifying statistical significance (p-value) and linkage disequilibrium (r2 metric) in claims are allowable under s 102 as they clarify, narrow, and provide objective standards consistent with the specification and common general knowledge. The power under s 105(1A) is discretionary, and the relevant discretionary factors (delay, knowledge, disclosure, unfair advantage) did not warrant refusal of the amendment. The amendments are granted and parties are to submit...

Court Disposition

Amendment application granted; parties to submit proposed minutes/orders for final disposition of appeal and amendment, and costs. Liberty to apply.

Orders

  • ['Respondents must file and serve proposed minutes of orders and short submissions (within 14 days) to give effect to reasons, including final orders for disposition of appeal, amendment application, and costs.' 'Appellants to file and serve proposed minutes of orders and short submissions (within 14 days of...