Recent Cases

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V [2022] FCAFC 88 (18 May 2022) (Perram, Nicholas and Burley JJ)


PATENTS – where leave to appeal sought against primary judge’s decision dismissing appeal from decision of delegate of the Commissioner of Patents rejecting opposition to patent application on ground that the invention as claimed did not involve an inventive step – whether primary judge erred in assessment of expert evidence – whether primary judge misapplied Cripps question – whether primary judge erred in having regard to characteristics or advantages of invention not referred to in the claims – whether in determining whether invention was obvious in light of common general knowledge and a patent specification published before the priority date the primary judge had insufficient regard to the common general knowledge – whether primary judge misunderstood oral evidence of appellant’s expert witness in relation to patent specification

Held: no relevant error established – application for leave to appeal dismissed