A landmark ruling granting fintech Rokt’s application for a software patent has come under attack before the Full Federal Court, with the judges expressing skepticism about the invention’s patentability.
The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.
A partner at Corrs Chambers Westgarth who successfully opposed a genome editing patent by ToolGen, and a corporate predecessor of law firm Ashurst, have been ordered to pay $375,000 in security in an appeal launched by the South Korean biotech firm.
The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.
Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.
The Federal Court has again sided with with the Commissioner of Patents in a challenge to a ruling that found two patents for a computer-implemented invention were not a manner of manufacture.
Rio Tinto subsidiary Technological Resources has successfully challenged a decision by IP Australia to reject a patent application for a method of separating mined material, with a judge finding the claimed invention was not a collection of mere working directions as a delegate had found.
IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.
Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.
Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.