Pilkin v Sony Australia Limited [2020] FCAFC 51 (06 April 2020) (Greenwood, McKerracher and Yates JJ)


Catchwords:


PATENTS ? whether primary judge erred in finding as to the priority date of amended claim ? where priority date deferred ? where invention as claimed in amended claim anticipated by the exploitation of accused articles before the deferred priority date

PRACTICE AND PROCEDURE ? application for leave to appeal where primary proceeding dismissed summarily under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) ? leave refused