Recent Cases

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 (13 November 2023) (Perram, Nicholas and McElwaine JJ)


PATENTS – where invention claimed is a safety system for protection against falling drill rods in mining industry – construction – meaning of ‘anchor member’ – meaning of ‘configured to be fixed in a proximal end region of the bore’

PATENTS – infringement – whether First Respondent’s product included an anchor member – whether First Respondent’s product was configured to be fixed in a proximal end region of the bore adjacent to a rock face

PATENTS – validity – sufficiency and support – whether patent met requirements of ss 40(2)(a) and (3) of the Patents Act 1990 (Cth) – effect of Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) – consideration of Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27; RPC 22 and Illumina Cambridge Ltd v Latvia MGI Tech SIA [2021] EWHC 57 (Pat); RPC 12 – whether range of materials from which safety system could be made was a relevant range across which patent was required to enable performance