An application for summary judgment under the Federal Court Rules 2011 (Cth). The Applicant sought an order pursuant to s 192(1)(1)(b) and/or (c) of the Patents Act 1990 directing the Commissioner to rectify the Register of an Australian Patent Application. The applicant and respondent entered into an oral agreement whereby, amongst other matters, the Applicant agreed to assign the respondent the sole rights to the intellectual property to an invention, a certain proportion of shares in the company developing the invention and share certain proportions of the profits made from the invention. Matters inter alia in dispute were aspects of payments which were made, the relationship between patent attorneys and the question of whether the assignment would be held in escrow. There were also questions relating to applications in particular jurisdictions in relation to the patent filings.
Sean Russell appeared on behalf of the respondent, instructed by B & G Law.
The judgment is available here.