№ files_lp_3_process_7_042470
Judicial decision of the Federal Court of Australia determining that claims to isolated nucleic acids in Australian patent no 686004 constituted a manner of manufacture under s 18(1)(a) of the Patents Act 1990 (Cth) and dismissing the application for revocation.
Court: Federal Court of Australia
Division: General Division
Registry: New South Wales District Registry
Judge: Nicholas J
Date of judgment: 15 February 2013
Place of judgment: Sydney
Case number: NSD 643 of 2010
Citation: [2013] FCA 65
Subject matter: Patentability of isolated DNA and RNA
Legislation considered: Patents Act 1990 (Cth); Statute of Monopolies s 6; Patents Act 1949 (UK); Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth)
Patent in suit: Australian standard patent no 686004
Priority date of patent: 12 August 1994
Claims in issue: Claims 1–3
Date of hearing: 20–24 February 2012
Counsel for Applicants: Mr D Catterns QC with Dr P Cashman
Counsel for Respondents: Mr D Shavin QC with Ms C Welsh
Outcome: Application dismissed with costs; order for costs stayed for 21 days pending appeal
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