Patent construction: Jurox successfully defends patent infringement proceedings in Federal Court Appeal

Susan Bennett and Rhiannon Eagles of Sparke Helmore report on the recent Full Federal Court decision of Nufarm Ltd & Anor v Jurox Pty Ltd [2008] FCAFC 180. According to Susan Bennett and Rhiannon Eagles, the decision provides useful guidance where ambiguous technical terms are used in the claims of a patent and that it is appropriate to have recourse to the wording of the body of the specification, including any “examples”, for the purpose of interpreting the claims and their scope, in the context of the patent.

Susan Bennett and Rhiannon Eagles of Sparke Helmore note that the case demonstrates the care which must be taken when drafting patents. A lack of clarity and failure to define technical terms when drafting a patent can lead to expensive and protracted litigation in the event of a later dispute.

Patent construction: Jurox successfully defends patent infringement proceedings in Federal Court Appeal