New England Biolabs, Inc v Commissioner of Patents [2001] FCA 1551

New England Biolabs, Inc v Commissioner of Patents [2001] FCA 1551

Although there was non-compliance with the Patent Regulations 1991, this non-compliance did not invalidate any decision of the Commissioner of Patents; in light of both parties' partial success on post-hearing issues, the application is dismissed with an order that the applicant pay the respondents' costs up to and including 10 May 2001, but no further order as to costs.

Jurisdiction
Australia
Judgment Date
27 July 2001
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['patent Regulations' 'compliance With Patent Regulations 1991' 'costs Orders']
['intellectual Property'] ['patent Regulations' 'compliance With Patent Regulations 1991' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 ['Whether there was compliance with Patent Regulations 1991' 'Consequences of non-compliance with Patent Regulations 1991' 'Appropriate orders as to costs after mixed success on sub-issues']

Ratio Decidendi

Although there was non-compliance with the Patent Regulations 1991, this non-compliance did not invalidate any decision of the Commissioner of Patents; in light of both parties' partial success on post-hearing issues, the application is dismissed with an order that the applicant pay the respondents' costs up to and including 10 May 2001, but no further order as to costs.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs up to and including 10 May 2001." 'There be no other order as to the costs of the proceedings.']