Jupiters Ltd v Neurizon Pty Ltd

The appeal in Jupiters Ltd v Neurizon Pty Ltd involved a dispute over the interpretation of a patent related to an electronic gaming machine (EGM) jackpot system. The primary judge had previously ruled on the validity of the patent and now the appeal focused on the infringement of the patent by Jupiters. The court had to determine whether Jupiters' use of the Cougar RTP jackpot system constituted infringement of the Neurizon patent. The legal issues centered on the interpretation of the term "an elapsed period of time" as used in the patent claims, particularly whether it required a predefined period of time or could be a shorter duration. The primary judge had adopted the construction of the term as defined by Dowsett J in a previous case, which was considered self-evident and not requiring further clarification from the patent specification. The court found that the primary judge's interpretation was consistent with the evidence and submissions presented and did not misapprehend the principles of patent construction. The appeal was partially upheld, with the cross-claim for revocation being remitted for further consideration of the ground of lack of inventive merit. The first appeal was otherwise dismissed, and the appellants were ordered to pay the respondent's costs of the second appeal.