Neurizon Pty Ltd (ACN 077 012 376) v LTH Consulting and Marketing Services Pty Ltd (ACN 061 363 139) [2003] FCA 338

Neurizon Pty Ltd (ACN 077 012 376) v LTH Consulting and Marketing Services Pty Ltd (ACN 061 363 139) [2003] FCA 338

Because reliance on par 40(2)(a) was not pleaded in the defence and the Court was not satisfied that compliance with that provision was otherwise clearly in issue between the parties at trial, the respondent should not be permitted to raise it at this stage and the question of making further findings of fact did not arise.

Jurisdiction
Australia
Judgment Date
13 December 2003
Procedural Posture
Patent Proceeding / Respondent's Request for Further Findings After Trial and Publication of Reasons
Outcome
Respondent's request for further findings concerning par 40(2)(a) rejected.
Legal Topics
['patent Specification Adequacy' 'patents Act 1990 (cth) S 40' 'unpleaded Issues' 'further Findings of Fact']
['intellectual Property' 'patents' 'civil Procedure'] ['patent Specification Adequacy' 'patents Act 1990 (cth) S 40' 'unpleaded Issues' 'further Findings of Fact']

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Procedural Posture

Patent Proceeding / Respondent's Request for Further Findings After Trial and Publication of Reasons

Legal Issues

  1. 1 ['Whether non-compliance with par 40(2)(a) of the Patents Act 1990 (Cth) was a live issue at the trial despite not being pleaded.' 'Whether the Court should make further findings about the adequacy of the specification for the purposes of par 40(2)(a).']

Ratio Decidendi

Because reliance on par 40(2)(a) was not pleaded in the defence and the Court was not satisfied that compliance with that provision was otherwise clearly in issue between the parties at trial, the respondent should not be permitted to raise it at this stage and the question of making further findings of fact did not arise.

Court Disposition

Respondent's request for further findings concerning par 40(2)(a) rejected.

Orders

  • []