Issue estoppel in patent case

Alexia Mayer, Lawyer of Allens Arthur Robinson, reviews E I Du Pont de Nemours & Co v Imperial Chemical Industries Plc [2007] FCAFC 163 in which the Full Federal Court considered whether a finding that a parent application lacked novelty necessarily encompassed a finding that a specific dependent claim within that application also lacked novelty, so as to raise an issue estoppel in subsequent proceedings relating to a claim of that scope in a divisional application.

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