Multigate Medical Devices Pty Ltd v B Braun Melsungen AG [2016] FCAFC 21

PATENTS – intravenous catheters – safety needle protecting devices – construction of integers of claims – infringement – infringement claim upheld by primary judge – leave to appeal granted – appeal allowed in part; PATENTS – cross-claim for invalidity dismissed by primary judge – chain of ancestor patents – entitlement of patents to priority dates of ancestor patents – external fair basis – whether claims of patents fairly based upon matter disclosed in ancestor patents – whether ancestor patents provided real and reasonably clear disclosure of subsequent claims – whether disclosures in ancestor patents incorporated by reference in subsequent patents – internal fair basis – novelty – appeal dismissed