Kinabalu Investments Pty Ltd v Barron & Rawson Pty Ltd [2008] FCAFC 178

SUNDBERG, EMMETT AND GREENWOOD JJ
31 OCTOBER 2008
BRISBANE

PATENTS – invalidity – lack of novelty – road safety barriers – infringement claim upheld by primary judge – cross claim for invalidity by virtue of lack of novelty upheld – appeal against declaration of invalidity – construction of claims – whether guard member mounted on side walls of at least two barrier elements – no requirement that guard member be secured by a physical connection through side wall – composite beam effect asserted by patentee not
a feature required to be disclosed by US patent in order that it anticipate Australian patent.

Kinabalu Investments Pty Ltd v Barron & Rawson Pty Ltd [2008] FCAFC 178