Full Court Minute Books

Case S329/2019

Calidad Pty Ltd & Ors v. Seiko Epson Corporation & Anor

Case No.


Case Information

Lower Court Judgment

5/07/2019 Federal Court of Australia (Greenwood, Jagot, Yates JJ)

[2019] FCAFC 115


Intellectual property – Patents – Implied licence – Where Calidad imports and sells printer cartridges modified by third party – Where Seiko Epson claims its two patents infringed by Calidad’s conduct – Whether Full Court erred in finding infringement – Whether modifications made to printer cartridges resulted in making of "new" printer cartridges embodying invention as claimed in claim 1 of each patent – Whether Full Court erred in failing to have regard to substance of invention claimed in claim 1 of each patent or to direct attention to whether modifications constituted material changes to claimed features of invention – Whether conduct was within scope of any implied licence arising upon unrestricted first sale by patentee of printer cartridges or otherwise involved permissible repair or modification of those printer cartridges – Whether patentee’s rights under s 13 of Patents Act 1990 (Cth) exhausted in respect of printer cartridges at time of first sale.


15/11/2019 Hearing (SLA, Sydney)

29/11/2019 Notice of appeal

06/01/2020 Written submissions (Appellants)

07/01/2020 Chronology (Appellants)

03/02/2020 Written submissions (Respondents)

24/02/2020 Reply

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