Recent Cases

Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158 (29 September 2023) (Moshinsky, Burley and Kennett JJ)


Catchwords:


PATENTS – construction – whether the primary judge erred in construction of “downhole equipment” and “downhole gathering data system” as excluding equipment for use in holes drilled for oil and gas exploration and production and wireline telemetry equipment – whether primary judge erred in construing the phrases “electromagnetic signal direction altering means”, “reflector” and “communicate wirelessly” as excluding the use of optical fibre

PATENTS – novelty – whether the primary judge erred in concluding that the invention as claimed was novel in light of information made publicly available in either of two prior art documents

PATENTS – inventive step – whether the primary judge erred in finding that the invention as claimed involved an inventive step in the light of the common general knowledge considered alone or taken together with information made publicly available in either of two prior art documents