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SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited

SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited

Case [2016] APO 8

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AGLC: SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8
Case: [2016] APO 8
Decision Date: 16 February 2016

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Citations

SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8

Most Recent Citation

SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 22

Cases Citing This Decision

MIS Implants Technologies Ltd v More Group Pty Ltd [2023] ATMO 118
Citation 1

…oppel does not apply to matters before Commissioner of Patents: see SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8, [33]–[40]. [38] Sky Optical LLC v Golden Cala Trading Est [2023] ATMO 59, [23] (citations omitted).…
Sky Optical LLC v Golden Cala Trading Est [2023] ATMO 59
Citation 2

…ue estoppel does not apply to matters before Commissioner of Patents: see SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8, [33]–[40].…
Boehringer Ingelheim Animal Health USA Inc v Elanco New Zealand [2021] FCA 1457
Citation 3

…8] FCA 1358; (1998) 89 FCR 458 SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Ltd [2016] APO 8 Société des Usines Chimiques Rhône-Poulenc v Commissioner of Patents [1958] HCA 27; (1958) 100 CLR 5 Technological Resources Pty Ltd v Tettman [2019] FCA 1889; (2019) 375 ALR 185 United States Gy…
SNF (Australia) Pty Ltd v BASF Australia Ltd [2019] FCA 425
Citation 4 (Para 4)

…elegate Dr Steven Barker made on 16 February 2016 (the 785 decision); see SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8; and (b)a decision of that delegate made on 18 October 2016 (the 568 decision); see SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatmen…
TCT Group Pty Ltd v Polaris IP Pty Ltd [2024] APO 5
Citation 5 (Para 8)

…be treated in later decisions by the Commissioner has been elucidated in SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8 (“ SNF ”) in the context of considering matters of estoppel. The relevant passages for present purposes can be found at [50] to [52]: “50. In other w…
Nufarm Australia Limited v Corteva Agriscience LLC [2023] APO 40
Citation 6 (Para 1)

…decide how much weight to give to each.” This quotation is taken from SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8 (“ SNF ”) at 52. This approach is often cited when dealing with considerations of estoppel before the Commissioner.[10] I do note that in SNF the delegat…
Crown Melbourne Limited [2023] APO 3
Citation 7 (Para 9)

…to decide on the application before me. However, I may inform myself of and have regard to an earlier decision by a delegate of the Commissioner. [4] [2016] APO 8 at [30]-[54]. See also Commonwealth of Australia v Snell [2019] FCAFC 57. The specification…
Britax Childcare Pty Ltd v HBG IP Holding Pty Limited [2019] APO 31
Citation 8 (Para 1)

…k of a delegate of the Commissioner of Patents”: see for example SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited [2016] APO 8 at [73]. This is simply indicative of the role exercised by the Commissioner as an administrative decision-maker ( Minister for Immigration and Ethnic Affair…
SNF (Australia) Pty Ltd v BASF Australia Ltd [2018] APO 26
Citation 9 (Para 6)

…, the following are of particular interest to the opposed application: · SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8 (the “ 785 decision ”) – this decided the opposition to the grant of a patent on the 2004203785 application (the “ 785 opposition ”); · SNF (Australia…
Caterpillar Inc. v ESCO Corporation [2016] APO 74
Citation 10 (Para 32)

…In SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8, the delegate was faced with a similar situation in that there was an earlier Federal Court decision where certain findings of fact had been made. The delegate stated at paragraph [52]: I consider that I should start wit…
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 72
Citation 11 (Para 3)

…led to the Federal Court, but the appeal has not yet been decided.[2] [1] SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8. [2] SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited VID 211/2016.…
H Lundbeck A/S v Alphapharm Pty Ltd [2016] APO 45
Citation 12 (Para 3)

…e Court about the same acts, if potentially persuasive, are not binding ( SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8). Given this, and that the alleged acts of exploitation appear factually straightforward (at least prima facie ), I do not consider that there is a s…
ExxonMobil Upstream Research Company v Shell Internationale Research Maatschappij B.V [2016] APO 27
Citation 13 (Para 5)

…filed in the present opposition will assume greater significance."[3] [2] SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8. [3] [2016] APO 8 at [52].…
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 22
Citation 14 (Para 1)

…to respond to those submissions. Both parties have filed submissions. [1] SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2016] APO 8. Summary of the parties’ submissions…

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