8 August, 2015
Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited [2015] FCA 735
On 22 July 2015, the Federal Court of Australia in the case of Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited [2015] FCA 735 found that the manner of manufacture requirement (s 18(1)(a) of the Patents Act 1990 (Cth)) is satisfied by inventions that allow casino gaming machines to award prizes.
The applicant in this case was Aristocrat Technologies Australia Pty Limited (Aristocrat), a manufacturer of slot machines, gaming systems and accessories. Aristocrat was suing another slot machine and gaming systems manufacturer, Konami Australia Pty Limited (Konami), for infringing a selection of claims for three of its standard patents relating to "feature games". Feature games are games that can be played during the course of a main game.
The relevant patent in this case was "the 689 patent". The invention claimed allowed for a prize to always be awarded in the jackpot feature game. Konami argued that the invention claimed in the 689 patent lacked the necessary quality of newness or inventiveness required by s 18(1)(a) of the Act. Justice Nicolas rejected this argument as a lack of newness or inventiveness was not apparent on the face of the claim's specification.
Further, Justice Nicolas found that the inventions claimed were not “mere ideas” but new and useful gaming machines and new and useful methods of operation producing new and improved results. Justice Nicolas therefore found that Komani had infringed patent 689 by manufacturing and supplying games that infringed the invention claimed in patent 689.
View decision here
For further information, please contact:
Gordon Hughes, Ashurst
gordon.hughes@ashurst.com
