Mickala Mining Maintenance Pty Ltd v Southern Cross Mining Services Pty Ltd [2020] FCA 1635

Leave to appeal was refused on the basis that the proposed amendment did not contain a viable plea of commercial benefit and therefore lacked sufficient doubt to warrant reconsideration by a Full Court.

Jurisdiction: Australia
Judgment Date: 12 November 2020
Procedural Posture: Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome: Application for leave to appeal refused with costs.
Legal Topics: ['patents' 'practice and Procedure' 'secret Use' 'commercial Benefit' 'amendment of Pleadings']

['intellectual Property'] ['patents' 'practice and Procedure' 'secret Use' 'commercial Benefit' 'amendment of Pleadings']

Case Brief

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

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

1 ['Whether deliberate concealment is an essential element of secret use under s 18(1A)(d) of the Patents Act 1990 (Cth)' 'Whether advertising a patented product before the priority date constitutes use for purposes of secret use' 'Whether a sufficient commercial benefit was pleaded as part of a claim for secret use']

Ratio Decidendi

Court Disposition

Application for leave to appeal refused with costs.

Orders

['The application for leave to appeal be refused.' "The applicant pay the respondent's costs of and incidental to the application."]