Caffitaly System S.P.A. v One Collective Group Pty Ltd [2021] FCAFC 118
The decision of the Federal Court of Australia in Caffitaly System S.P.A. v One Collective Group Pty Ltd [2021] FCAFC 118¹ concerns Australian Patents 2003200627 (627 Patent), 2010227121 (121 Patent), and 2008259388 (388 Patent), which relate to coffee capsule technology. This decision concerns an appeal, by Caffitaly Systems S.P.A (Caffitaly), of all findings relating to infringement and invalidity against Caffitaly who previously brought infringement proceedings against One Collective Group Pty Ltd et al regarding the importation and sale of coffee capsules.
Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101
The issue of the patentability of diagnostic methods was considered in this Appeal decision of the Full Federal Court of Australia. The decision considered the distinction between naturally occurring phenomena per se, which are not patentable, and the practical application of such phenomena which remains patentable in Australia. The Full Court also considered the meaning of ‘a product resulting from use of the patented method’ within the definition of ‘exploit’ in the Patents Act 1990 (Cth) (‘the Act’) and whether use of a patentee’s claimed method outside of Australia by a third party competitor and sending the results back to their Australian licensee constitutes an infringement in Australia.
CSIRO v BASF Plant Science GmbH [2020] FCA 328
The Federal Court of Australia considered the permissibility of amendments to a patent specification in view of amendments to s 102(1) of the Patents Act 1990 (‘the Act’) under the ‘Raising the Bar’ amendments. This is a first decision relating to this section of the Act (as amended) and it was noted by the Judge that the amendments to s 102(1) were intended to align Australian law with other jurisdictions such as the UK and Europe.
Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41
A decision of the High Court of Australia has considered whether a doctrine relating to the exhaustion of a patentee’s rights of sale and use upon the first sale of the product is applicable in Australian Patent Law, and whether it should replace the doctrine of implied licence. The High Court ultimately adopted the United States and European jurisprudence in relation to the exhaustion doctrine in Patent law, with connection made to section 2A of the Patents Act 1990 (Cth) (‘the Act’).¹
