Lower Court Judgment
5/07/2019 Federal Court of Australia (Greenwood, Jagot, Yates JJ)
Catchwords
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
11/08/2020 Hearing (Full Court, Canberra)
11/08/2020 Outline of oral argument (Appellants)
11/08/2020 Outline of oral argument (Respondents)
12/08/2020 Hearing (Full Court, Canberra)
26/08/2020 Supplementary written submissions (Appellants - addressing questions raised by the Court)
27/08/2020 Supplementary written submissions (Respondents - addressing questions raised by the Court)
12/11/2020 Judgment (Judgment summary)