I.G.T. (Australia) Pty Ltd v Aristocrat Technologies Australia Pty Ltd [2007] FCA 2009

I.G.T. (Australia) Pty Ltd v Aristocrat Technologies Australia Pty Ltd [2007] FCA 2009

Leave to appeal was granted because the primary judge's decision was final in practical effect for the applicants unless the claims were significantly narrowed, it was the first determination by any tribunal that the claims were not novel and the first judicial determination concerning the patent application, and it could not be said that it was clear beyond doubt that there was no error in the primary judge's reasoning. The Court was also fortified by the absence of opposition to the application.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Application for Leave to Appeal Under S 158(2) of the Patents Act 1990 (cth) / Leave to Appeal Against Orders Made by Allsop J on 9 October 2007
Outcome
Leave to appeal granted; no order as to costs.
Legal Topics
['leave to Appeal' 'patent Application' 'novelty' 'patent Claims' 'finality of Decision']
['patents' 'civil Procedure'] ['leave to Appeal' 'patent Application' 'novelty' 'patent Claims' 'finality of Decision']

Case Brief

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Procedural Posture

Application for Leave to Appeal Under S 158(2) of the Patents Act 1990 (cth) / Leave to Appeal Against Orders Made by Allsop J on 9 October 2007

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against orders finding certain claims in Australian Patent Application Number 748263 not novel in light of Australian Patent Number 633469.' 'Whether refusal of leave would finally deprive the applicants of the opportunity to obtain grant of a patent with the relevant broad claims.' "Whether it could be said that it was clear beyond doubt that there was no error in the primary judge's reasoning."]

Ratio Decidendi

Leave to appeal was granted because the primary judge's decision was final in practical effect for the applicants unless the claims were significantly narrowed, it was the first determination by any tribunal that the claims were not novel and the first judicial determination concerning the patent application, and it could not be said that it was clear beyond doubt that there was no error in the primary judge's reasoning. The Court was also fortified by the absence of opposition to the application.

Court Disposition

Leave to appeal granted; no order as to costs.

Orders

  • ['Leave is granted to the applicants to proceed upon the draft Notice of Appeal which is annexure A to the affidavit of John Michael Afaras filed 30 October 2007.' 'There be no order as to costs.']