Firebelt Pty Ltd v Brambles Australia Ltd

[2002] HCA 21
Judgment date
Case number
B52/2001
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Patents – Petty Patent - Revocation - Inventive step or obviousness - Combination patents - Proper construction of ss 7(2) and 7(3) of the Patents Act 1990 (Cth) - Whether evidence supported conclusion that it had been shown to be obvious to place known integers in the interactive combination claimed in the Petty Patent - Whether trial judge and Full Court, in focusing upon the incorporation of particular integers, gave inadequate weight to whether the selection in combination of the integers was obvious at the priority date - Relevance of commercial success of Petty Patent to question of obviousness.

Patents Act 1990 (Cth) – ss 7(2), 7(3).

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