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Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2016] FCA 236

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INTELLECTUAL PROPERTY - Patents - Novelty - Prior use - Whether established on the facts - Whether system included all integers of claim - Whether system unlikely to have been viable by reference to absence of features not part of claim. INTELLECTUAL PROPERTY - Patents - Inventive step - Whether system obvious to a person skilled in the relevant art in the light of common general knowledge - Whether invention would not have been obvious because, as claimed, it would not have been viable in practice - Claim embodying internal notional alternatives - Whether invention obvious in respect of one but not another alternative. INTELLECTUAL PROPERTY - Patents - Best method known to inventors - Clarity of diagram in specification picked up by claim - Patentee designing and developing own apparatus showing better method than that described in specification - Whether best method disclosed. INTELLECTUAL PROPERTY - Patents - Whether invention useful. INTELLECTUAL PROPERTY - Patents - Infringement - System patent - Instruction and inducement by supply of products - Belief that end users would use products as claimed - Whether supplier liable as joint tortfeasor - Necessity for primary infringement by use of system. COMPETITION AND CONSUMER LAW - Whether promotion and sale of goods in the absence of a warning as to patent infringement by use as intended misleading and deceptive conduct

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