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Mallesons - Nufarm Ltd v Jurox Pty Ltd - a lesson in construction of claims

Shyama Jayaswal, Indra Bhattacharya and Katie Hamilton of Mallesons have reviewed the Federal Court decision in Nufarm Ltd v Jurox Pty Ltd.

According to Mallesons, Nufarm v Jurox has highlighted the importance of carefully considering the language used in the body of the specification when drafting patents and serves as a timely reminder that even commonly used technical terms may be held to be ambiguous due to slight variations in definitions in different contexts.

According to Shyama Jayaswal, Indra Bhattacharya and Katie Hamilton, the decision provides an example of how the Courts are likely to approach the construction of technical terms which are capable of having more than one meaning and demonstrates that in cases where there is ambiguity in the definition of such terms, the Courts will look carefully at the specification to determine the context in which the term is used instead of trying to resolve the issue in theoretical abstract.

Nufarm Ltd v Jurox Pty Ltd - a lesson in construction of claims


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