30 Nov 2017
RESMED LTD v FISHER & PAYKEL HEALTHCARE LTD [2017] NZHC 2954
- Citation
- (2017) 131 IPR 169
- Court
- High Court
The application for further and better particulars is declined. The court held FPH's pleadings already give a sufficient outline of the common general knowledge and the prior art relied upon to give fair notice; requiring FPH to map each claim integer to passages in prior art or to plead constructions of features would compel pleading of expert evidence, be unduly burdensome and premature while discovery remains incomplete.