Aktiebolaget Hassle v Alphapharm Pty Ltd [1999] FCA 628

Aktiebolaget Hassle v Alphapharm Pty Ltd [1999] FCA 628

The combination claimed in claim 1 of the patent did not involve an inventive step, as routine steps and common general knowledge available to Australian formulators at the priority date, as established by evidence, would likely have led to the solution claimed. The patent was therefore invalid for obviousness under s 100(1)(e) of Patents Act 1952 (Cth). Other grounds for invalidity, including lack of novelty, sufficiency, fair basis, inutility, manner of manufacture, and allegations of false suggestion, were not made out.

Parties
First Applicant: Aktiebolaget Hässle; Second Applicant: Astra Pharmaceuticals Pty Limited; Respondent: Alphapharm Pty Limited; Cross Claimant: Alphapharm Pty Limited; First Cross Respondent: Aktiebolaget Hässle; Second Cross Respondent: Astra Pharmaceuticals Pty Limited
Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Patent Revocation and Infringement Proceedings / Final Judgment After Trial
Outcome
Patent revoked; cross-claim succeeds; infringement claim dismissed.
Legal Topics
Patent Validity, Obviousness, Inventive Step, Novelty, Specification Sufficiency, Fair Basis, Utility, Patent Amendment, False Suggestion or Representation
Intellectual Property Law Patent Law Patent Validity Obviousness Inventive Step Novelty Specification Sufficiency Fair Basis +3 more

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Parties

Aktiebolaget Hässle

First Applicant

Astra Pharmaceuticals Pty Limited

Second Applicant

Alphapharm Pty Limited

Respondent

Alphapharm Pty Limited

Cross Claimant

Aktiebolaget Hässle

First Cross Respondent

Astra Pharmaceuticals Pty Limited

Second Cross Respondent

Procedural Posture

Patent Revocation and Infringement Proceedings / Final Judgment After Trial

Legal Issues

  1. 1 Whether the patent is invalid for obviousness under Patents Act 1952 (Cth) s 100(1)(e)
  2. 2 Whether the invention claimed lacks novelty under Patents Act 1952 (Cth) s 100(1)(g)
  3. 3 Whether the patent specification lacks sufficiency, clarity, or fair basis under Patents Act 1952 (Cth) s 40(2)

Ratio Decidendi

The combination claimed in claim 1 of the patent did not involve an inventive step, as routine steps and common general knowledge available to Australian formulators at the priority date, as established by evidence, would likely have led to the solution claimed. The patent was therefore invalid for obviousness under s 100(1)(e) of Patents Act 1952 (Cth). Other grounds for invalidity, including lack of novelty, sufficiency, fair basis, inutility, manner of manufacture, and allegations of false suggestion, were not made out.

Court Disposition

Patent revoked; cross-claim succeeds; infringement claim dismissed.

Orders

  • Order for revocation of the patent.
  • Respondent to file and serve short minutes of orders within 14 days.