Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd

JurisdictionAustralia Federal only
CourtFederal Court
Neutral Citation2009-0630 FCA A,[2009] FCAFC 81,2009-0630 FCA B,2008-0813 FCA A
Date2008
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15 cases
  • Danisco A/S v Novozymes A/S (No 2)
    • Australia
    • Federal Court
    • Invalid date
  • SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd
    • Australia
    • Full Federal Court (Australia)
    • Invalid date
  • InterPharma Pty Ltd v Hospira, Inc (No 5)
    • Australia
    • Federal Court
    • 20 June 2019
    ...mind: see, for example, Otsuka Pharmaceutical v Generic Health (No 4) at [369] (Yates J). In Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81; 81 IPR 480; 177 FCR 239 at [31], Kenny and Stone JJ (with whom Perram J agreed) accepted Microcell stands for “a narrow proposition that ......
  • Technological Resources Pty Limited v Tettman
    • Australia
    • Federal Court
    • 15 November 2019
    ...and Industrial Research Organisation v Technological Resources Pty Limited [2018] APO 23 Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81; (2009) 177 FCR 239 Dyson Appliances Ltd v Hoover Ltd [2002] RPC 22 Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161; (2019)......
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6 firm's commentaries
  • Innovation Patent Mayhem
    • Australia
    • Mondaq Australia
    • 15 August 2009
    ...to obtain a patent and to launch successful infringement proceedings. Such was the case in Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, where the Full Federal Court decided this month uphold a trial judge's decision that an innovation patent was not subject to an obviousness......
  • 'Innovative Step' In Innovation Patents Clarified
    • Australia
    • Mondaq Australia
    • 28 January 2009
    ...Published 24th December 2008 In a recent decision (Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd, [2008] FCA 1225), the Federal Court for the first considered the meaning of "innovative step". The Australian innovation patent system was introduced in 2001 to provide an IP right that......
  • Does the Australian innovation patent really have to die?
    • Australia
    • Mondaq Australia
    • 28 September 2017
    ...one of pseudo-novelty; this dates back to the decision of the Full Federal Court in Dura-Post (Australia) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81 (30 June 2009) and requires an advance over the prior art that amounts to "a substantial contribution to the working of the invention&quo......
  • The fate of the Australian innovation patent – like the death penalty for jaywalking
    • Australia
    • Mondaq Australia
    • 1 December 2018
    ...one of pseudo-novelty; this dates back to the decision of the Full Federal Court in Dura-Post (Australia) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81 (30 June 2009) and requires an advance over the prior art that amounts to "a substantial contribution to the working of the invention&quo......
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