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Winner v Ammar Holdings Pty Limited

Winner v Ammar Holdings Pty Limited

Case [1993] HCATrans 278

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AGLC: Winner v Ammar Holdings Pty Limited [1993] HCATrans 278
Case: [1993] HCATrans 278
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Citations

Winner v Ammar Holdings Pty Limited [1993] HCATrans 278

Most Recent Citation

Inax Corp v Caroma Industries Ltd [1994] APO 48

Cases Citing This Decision

Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158
Citation 1 (Para 7)

…ception of the problem was part of the invention (see Winner v Ammar Holdings Pty Ltd [1992] FCA 561; 24 IPR 137 at 140-143 (upheld on appeal – Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205); and contrast Zetco , referred to by the primary judge at [512]).…
ToolGen Incorporated v Fisher (No 2) [2023] FCA 794
Citation 2

…ylan [2018] UKSC 56 Welch Perrin & Co Pty Ltd v Worrell (1961) 106 CLR 588 Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 Division: General Division Registry: New South Wales National Practice Area: Intellectual Property Sub-area: Patents and associated Statutes Number of paragraphs: 436 Date of hearing: 21-25, 28-30 September 2020 C…
Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd [2020] FCA 1373
Citation 3

…nc [2001] FCA 445; 113 FCR 110 Wellcome Foundation Ltd v VR Laboratories (Aust) Pty Ltd (1981) 48 CLR 262 at 286 Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 Wood v Westaflex (Aust) Pty Ltd (1990) 20 IPR 387 Yamazaki Mazak Corporation v Interact Machine Tools (NSW) Pty Ltd & Ors (1991) 22 IPR 79 Bodkin C, Patent Law in Australia (L…
Repipe Pty Ltd v Commissioner of Patents [2019] FCA 1956
Citation 4 (Para 10)

…tep. It is sufficient that the specification describes in a claim or a series of claims what is or are claimed to be the patentable subject matter: Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 (at 217). The approach is not to compare the claim against the common general knowledge in the field of computer technology or against prior…
Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) [2007] HCA 21
Citation 5 (Para 11)

…19] Adelmann and Ham Boiler Corporation v Llanrwst Foundry Company (1928) 45 RPC 413; Acme Bedstead Co Ltd v Newlands Brothers Ltd (1937) 58 CLR 689; Winner v Ammar Holdings Pty Ltd (1992) 24 IPR 137; Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205.…
Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [2005] FCAFC 255
Citation 6 (Para 26)

…h the problem and the solution were readily apparent to a person skilled in the patent area: Re Raychem Corp’s Patents [1998] RPC 31 at 41‑42 and Winner v Ammar Holdings Pty Ltd (1992) 24 IPR 137 (on appeal (1993) 41 FCR 205). His Honour said that guided by those cases: “my initial impression was that the generality of the description o…
Grove Hill Pty Ltd v Great Western Corporation Pty Ltd [2002] FCAFC 183
Citation 7

…in Engineering Co (1990) 16 IPR 545 followed Kimberley-Clark Australia Pty Ltd v Arico Trading International Pty Ltd (2001) 75 ALJR 518 referred to Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 considered Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810 considered May v Higgins (1916) 21 CLR 119 referred to Interl…
Doric Products Pty Ltd v Lockwood Security Products Pty Ltd [2001] FCA 1877
Citation 8

…lconnex Pty Ltd v Gerard Industries Pty Ltd (1992) 25 IPR 173 referred to Re Raychem Corp’s Patents [1998] RPC 31 applied Winner v Ammar Holdings Pty Limited (1993) 41 FCR 205 distinguished Winner v Ammar Holdings Pty Ltd (1982) 24 IPR 137 distinguished Acme Bedstead Co Ltd v Newlands Bros Ltd (1937) 58 CLR 689 referred to Intalite Internat…
Mather v Lockwood Australia Pty Ltd [2001] FCA 1814
Citation 9 (Para 30)

…It is sufficient for Claim 1 to disclose an invention. There is no need for a claim to identify an inventive step – Winner v Ammar Holdings (1993) 25 IPR 273 at 285. It is not necessary that a claim should state in detail the advantages that would accrue from the use of the invention – R.D. Werner & Co Inc. v Bailey Aluminium Pr…
Minnesota Mining & Manufacturing Company v Tyco Electronics Pty Limited [2001] FCA 1359
Citation 10

…ry Co (1928) 45 RPC 413, cited. Meyers Taylor Pty Ltd v Vicarr Industries Ltd (1977) 137 CLR 228, cited. Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205, cited. National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252, cited. Vickers, Sons & Co Ltd v Siddell (1890) 15 App Cas 496, cited. RD Werner & Co v…
Bartlem Pty Ltd v CMMC Pty Ltd [2001] FCA 1218
Citation 11

…Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 Cited…
Flexible Steel Lacing Company v Beltreco Ltd [2000] FCA 890
Citation 12 (Para 1)

…There must be an element of invention or inventive ingenuity, although even a very small advance over what is known may qualify as an inventive step: Winner v Ammar Holdings Pty Ltd (1993) 25 IPR 273, 280-281. An improvement which does not go beyond ordinary skilled designing work or mere workshop improvements cannot be considered as ha…
Stack v Brisbane City Council [1999] FCA 1279
Citation 13

…Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 (FC) Cited…
Aktiebolaget Hässle v Alphapharm Pty Ltd [1999] FCA 628
Citation 14 (Para 7)

…d to operate, but he may be better off if the 1990 Act treats a former element of a ground of revocation as being no longer necessary.” (See also Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 at 206, 208 per Davies J).…
Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1998] FCA 1615
Citation 15

…Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 applied…
Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd [1998] FCA 1103
Citation 16

…v Ramset Fasteners (Aust) Pty Ltd (1998) 152 ALR 604, applied Prestige Group (Australia) Pty Ltd v Dart Industries Inc (1990) 95 ALR 533, referred to Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205, referred to Washex Machinery Corp v Roy Burton & Co Pty Ltd (1974) 49 ALJR 12, applied Walker v Alemite Corporation (1933) 49 CLR 643, ap…
Winner v Morey Haigh & Associates (A'asia) Pty Ltd [1996] FCA 23
Citation 17

…v HB Nominees Pty Ltd (1982) 59 FLR 37 Radiation Ltd v Galliers and Klaerr Pty Ltd (1938) 60 CLR 36 CCOM Pty Ltd v Jiejing Pty Ltd [1994] 51 FCR 260 Winner v Ammar Holdings Pty Ltd (1992) 24 IPR 137 Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205 Sunbeam Corporation v Morphy-Richards (Australia) Pty Ltd (1961-62) 35 ALJR 212 Olin Cor…
Winner, J.E. v Morey Haigh & Associates (A'asia) Pty Ltd [1995] FCA 43
Citation 18

…lication of the parties in order to await the determination of an appeal against an order in proceedings between the applicants and another party. In Winner v Ammar Holdings Pty Ltd (1992) 24 IPR 137 Heerey J had made a declaration that patent no. 599863 was invalid and had ordered that it be wholly revoked. That decision was affirmed i…
Sartas No 1 Pty Ltd v Koukourou & Partners Pty Ltd [1994] FCA 936
Citation 19

…the decisions of the Full Court in Allsop Inc. v Bintang Ltd (1989) AIPC 90-605, Elconnex Pty Ltd v Gerard Industries Pty Ltd (1993) AIPC 90-984, and Winner v Ammar Holdings Pty Ltd (1993) 41 FCR 205. There are reminders in these authorities (i) against the "seductive clarity of hindsight", (ii) that a scintilla of inventiveness is suff…
Fallshaw Holdings Pty Ltd v Flexello Castors & Wheels Plc [1993] FCA 487
Citation 20

…May v. Higgins and Sami S. Svendsen were not revocation cases. However, their reasoning depends upon an appreciation of the nature of a combination patent, and an appreciation that a mere improvement of one integer of an existing combination does not, as the unsuccessful counsel had contended in May…
Virbac S.A. v American Home Products Corporation and Merial Australia Pty Limited [2002] APO 48
Citation 21 (Para 5)

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Colin Leslie Young v Arthur Yates & Co Ltd and W. Neudorff GmbH [2001] APO 68
Citation 22

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Exxon Chemical Patents Inc v the Lubrizol Corporation [2001] APO 7
Citation 23

…ns such as Minnesota Mining and Manufacturing Co v Beiersdorf ( Australia) (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
University of Georgia Research Foundation, Inc and Emory University v Biochem Pharma, Inc [2000] APO 68
Citation 24

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Novo Nordisk A/S v Eli Lilly And Company [2000] APO 67
Citation 25

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Richard Arnot Jones v Interium Pty Ltd [2000] APO 40
Citation 26

…ement in one integer of an old combination, as in May v Higgins 21 CLR 119, Fallshaw Holdings Pty Ltd v Flexello Castors & Wheels Plc 26 IPR 565, and Winner v Ammar Holdings Pty Ltd (1993) AIPC 90-971. Thus the present invention cannot rely on being a new combination to satisfy the requisite level of inventiveness. That may, however, co…
Nalco Chemical Company v W. R. Grace & Co. Conn [2000] APO 4
Citation 27

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent").…
Nippon Steel Corporation v BHP Steel (JLA) Pty Ltd [2000] APO 1
Citation 28

…heir American equivalents acknowledged at various places in the opposed specification which I am of the clear view are common general knowledge. (see Winner v Ammar Holdings Pty ltd (1993) 41 FCR 205,215). The Japanese textbook referred to in the original Japanese application merely recites the prior art of adding nickel to overcome red…
Nippon Steel Corporation v BHP Steel (JLA) Pty Ltd [1999] APO 69
Citation 29

…Patent Publication 59-199152 is alleged to be part of the common general knowledge as it is acknowledged at page 2 of the opposed specification (see Winner v Ammar Holdings Pty ltd (1993) 41 FCR 205,215). Whilst it may be that a Japanese document referred to in the original Japanese application was well known to the Japanese applicant,…
Imperial Chemical Industries PLC v E.I. Du Pont De Nemours and Co [1999] APO 63
Citation 30

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Imperial Chemical Industries PLC v the Lubrizol Corporation and E.I. Du Pont De Nemours and Co [1999] APO 62
Citation 31

…such as Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 (e.g. at 298: "this solution to the known problem") and Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 (e.g. at 67: "The problem and the solution were readily apparent"). Once the problem has been formulated, and the common general knowledge…
Raychem Limited v Global Lightning Technologies Pty Ltd (Formerly Critec Pty Ltd) [1996] APO 57
Citation 32

…mple replacement of a circuit component of the Oneac circuit with an equivalent one amounting to a mere “workshop improvement” (see, for example, Winner v Ammar Holdings (1993) AIPC 90-971) to the Oneac device. Accordingly, I find that the claimed invention does not lack an inventive step over Australian patent 593437/US 4758920…
RHONE-POULENC RORER S.A. [1995] APO 50
Citation 33

…I note in support of the above conclusion that in Winner v Ammar Holdings Pty Ltd (1992) AIPC 90-916 it was explicitly noted that a problem can be recognised even if it was not known to anyone other than the inventor (see page 38,634). Additionally, formulation of the problem based on an inferred problem also occurred in Olin Mathieson…
Dr Renschler Biotechnologie Gmbh v Boehringer Ingelheim International Gmbh [1995] APO 15
Citation 34

…case. However, I know the law in Europe to be different to that in Australia and I think it inappropriate to have regard to the German decision (see Winner & Anor v Ammar Holdings Pty Ltd (1992) AIPC 90-916).…
AMERICAN HOME PRODUCTS CORPORATION [1994] APO 58
Citation 35

…1952 Act are relevant to the specific question of what is obvious (but irrelevant to the question of whether information can be considered; see also Winner v Ammar Holdings Pty Ltd (1993) 113 ALR 63 at page 67).…
Inax Corp v Caroma Industries Ltd [1994] APO 48
Citation 36

…(See also the judgement in Winner & Anor v. Ammar Holdings Pty Ltd (1993) AIPC 90-971 where the law on obviousness is reviewed.)…

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