New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Patent validity (novelty and obviousness)

Legal area

Court

8 Oct 2015

DOUG ANDREWS HEATING AND VENTILATION LIMITED AND MULTI KC LIMITED v WAYNE JAMES DIL [2015] NZSC 141

Citation

[2015] NZSC 141
Court

Supreme Court

Leave to appeal and cross-appeal denied because the High Court and Court of Appeal applied orthodox claim construction and there was no issue of public or general importance nor a miscarriage of justice; accordingly no appeal on infringement or cross-appeal on validity was permitted and costs were awarded to the respondents.
8 Dec 2006

COLLINS V DALGANA PTY LIMITED AND ORS HC AK CIV-2006-404-003523

Citation

openlaw-db2057f5_0423_49e6_8d6f_cbb58dad8fcc.pdf
Court

High Court

Security for costs was refused because s40 of the Legal Services Act 2000 severely limits orders against a legally aided person absent exceptional circumstances, the agency had granted staged aid after specialist assessment, the defendants had not established exceptional circumstances or such weakness in the claim that would justify exceeding the aided contribution, and the plaintiff's prima facie patent interest and disputed merits required trial to be resolved.