PATENTS - innovation patent - power and control system for a dewatering submersible pump - claim construction - validity - infringement
PATENTS - novelty - prior acts as disclosures -
where commercial hire of systems to customer before priority date - where hired systems were used by customer without restriction - where customer conducted its own testing to determine suitability of systems for its own purposes - where customer was requested to and agreed to provide the results of its tests - whether conduct by customer constituted reasonable trial pursuant to s 24(1)(a) Patents Act 1990 (Cth) and reg 2.2B Patents Regulations 1991 (Cth)
PATENTS - novelty - whether documentary disclosures anticipated the claims - where documentary disclosures were other patents and a manual for a system alleged to have been supplied in 2012 - whether combination of alleged disclosures during discussions more than ten years ago in combination with provision of manual anticipated the claims
PATENTS - whether priority date should be deferred by reason of lack of disclosure
PATENTS - whether there was secret use of the invention - whether deliberate concealment needed to be proven to establish secret use
PATENTS - claim of lack of innovative step - task of identifying each variance between prior art and invention as claimed not undertaken - failure to articulate by reference to evidence why that variance does not make a substantial contribution to the working of invention
PATENTS - whether infringement within s 117(2)(b) and s 117(2)(c) of the Patents Act 1990 (Cth)
EVIDENCE - standard of proof where alleged that patent was anticipated by prior acts - discussion of concept of "strict proof" in relation to prior public acts claimed to destroy novelty
EVIDENCE - admissibility of pleadings filed in another proceeding by patentee as evidence of pleaded facts - whether pleaded facts constitute admissions - ss 81, 82 and 87 and clause 6 of Part 2 of the Dictionary of the Evidence Act 1995 (Cth)
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