Stanway Oyster Cylinders Pty Ltd v Marks, Clement Rex [1996] FCA 527

Stanway Oyster Cylinders Pty Ltd v Marks, Clement Rex [1996] FCA 527

Properly construed, claim 1 claimed apparatus for use in producing a crop of molluscs and not merely for experimental or de minimis use. The respondent failed to prove any pleaded anticipation before the priority date: the alleged Marks and Mudford prior uses were rejected; the Mohr evidence did not establish that a device possessing all integers was publicly used before the priority date; the Bailey use occurred after the priority date; and the United States patent did not disclose regular tumbling by moving water. The respondent therefore could not establish invalidity for want of novelty or rely on s 119. Because the respondent copied and used a device possessing the relevant claimed...

Jurisdiction
Australia
Judgment Date
12 June 1996
Procedural Posture
Patent Infringement Proceeding With Cross Claim for Revocation / Reasons for Judgment After Hearing
Outcome
Applicant succeeded on infringement; respondent's cross-claim dismissed.
Legal Topics
['patent Infringement' 'novelty' 'patent Revocation' 'prior Use' 'patent Claim Construction' 'purposive Construction' 'prior User Rights']
['patents' 'intellectual Property'] ['patent Infringement' 'novelty' 'patent Revocation' 'prior Use' 'patent Claim Construction' 'purposive Construction' 'prior User Rights']

Case Brief

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Procedural Posture

Patent Infringement Proceeding With Cross Claim for Revocation / Reasons for Judgment After Hearing

Legal Issues

  1. 1 ["Whether the respondent infringed claims 1, 2, 4, 6 and 7 of the applicant's patent for an invention for cultivating oysters." 'Whether the patent was invalid for want of novelty by reason of alleged prior uses by the respondent, his son, Mr Mudford, Mr Rae Mohr, and Mr Bailey, or by reason of a United States patent.' 'Whether claim 1 should be construed broadly to cover any cultivation, or purposively as an apparatus for use in producing a crop of oysters rather than experimental or de minimis use.' 'Whether the respondent could rely on s 119 of the Patents Act 1990 (Cth).' 'Whether Mr W.R. Moxham was not the inventor or sole inventor of the patented invention.']

Ratio Decidendi

Properly construed, claim 1 claimed apparatus for use in producing a crop of molluscs and not merely for experimental or de minimis use. The respondent failed to prove any pleaded anticipation before the priority date: the alleged Marks and Mudford prior uses were rejected; the Mohr evidence did not establish that a device possessing all integers was publicly used before the priority date; the Bailey use occurred after the priority date; and the United States patent did not disclose regular tumbling by moving water. The respondent therefore could not establish invalidity for want of novelty or rely on s 119. Because the respondent copied and used a device possessing the relevant claimed...

Court Disposition

Applicant succeeded on infringement; respondent's cross-claim dismissed.

Orders

  • ['The applicant is entitled to declaratory and injunctive relief.' 'The applicant is entitled to an order for delivery up.' 'The applicant is entitled, at its election, to damages and an appropriate enquiry or to an account of profits.' 'The cross-claim is dismissed.' 'The applicant must bring a minute of the...