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Delnorth Pty Ltd v. Dura-Post (Aust) Pty Ltd

[2008] FCA 1225 (2008)

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Delnorth Pty Ltd v. Dura-Post (Aust) Pty Ltd

Australia Federal Court
[2008] FCA 1225 (2008)

RW

Facts

Delnorth Pty Ltd (plaintiff) sued Dura-Post (Aust) Pty Ltd (defendant) for infringing Delnorth’s innovation patents, which were akin to the utility-model patents available in many other countries. Because Australia had only recently legalized such patents, Delnorth’s case gave the Australia Federal Court its first opportunity to expound on how innovation patents differ from traditional patents and on the legal standards to apply in innovation-patent cases.

Rule of Law

Issue

Holding and Reasoning (Gyles, J.)

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