Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Peterson v Lucas

Supreme Court of New Zealand

30 March 2006

MEDIA RELEASE – FOR IMMEDIATE PUBLICATION

PETERSON PORTABLE SAWING SYSTEMS LIMITED (IN LIQUIDATION) AND C J PETERSON v R C LUCAS AND G W LUCAS & SONS PTY LIMITED

(SC 14/2005)
[2006] NZSC 20

PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment.

The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.justice.govt.nz/judgments.

The Supreme Court in its judgment has allowed the appeal on the one issue raised for determination. In a proceeding in which the appellants Mr Peterson and his company (now in liquidation) were sued for infringement of New Zealand patent No 282742, they challenged the validity of the patent. Before the Supreme Court the sole issue was whether claim 7 of the patent is valid as had been found in the High Court and the Court of Appeal.

The claim in issue is directed to a portable sawmill. Its broad language has been held by the Court to encompass a portable sawmill construction known and used in New Zealand before the priority date of the claim. For that reasons the claim is invalid for lack of novelty.

The Court decided also that the claim is invalid for lack of inventive step, being obvious having regard to what was known and used in New Zealand before the priority date. The claimed construction merely combines features of two known portable sawmills performing their known functions.

The case has been remitted to the High Court for any remaining issues between the parties to be determined in light of the Supreme Court judgment invalidating claim 7 of the patent.


ENDS


See... Judgment: Peterson v Lucas (PDF)

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Scoop 3.0: How You Can Help Scoop’s Evolution

Entering into its third decade of operation, the Scoop news ecosystem is set to undergo another phase of transformation and evolution.

We have big plans for 2018 as we look to expand our public interest journalism coverage, upgrade our publishing infrastructure and offer even more valuable business tools to commercial users of Scoop. More>>

 
 

Speaking Of Transport: Public Engagement On Wellington Scenarios

“Our work on possible solutions for Wellington’s transport future is ongoing, but has progressed to the stage where we’re ready to share our ideas with the public and seek their feedback to help guide our next steps...” More>>

ALSO:

Parental Leave: National's Time-Sharing Change Fails

National has proposed a change to the Parental Leave and Employment Protection Amendment Bill that would allow both parents to take paid parental leave at the same time, if that is what suits them best. More>>

ALSO:

Train Free Thursday: Workers Strike To Defend Terms Of Employment

"They signed up to these conditions a year ago when they got the contract for Wellington's rail services. Now they're trying to increase profits by squeezing frontline workers." More>>

ALSO:

Seclusion: Ombudsman Emphasises Importance Of Monitoring

Disability Rights Commissioner Paula Tesoriero says that while there have been changes to the Education (Update) Amendment Act 2017 to prohibit the use of seclusion, the report is an important reminder of the importance of regular monitoring of schools. More>>

ALSO:

United Future History: "All Good Things Must End"

'We’re extremely proud of what we’ve achieved over the past 15 years, working alongside the government of the day, both National and Labour.' Mr Light told members on Monday. More>>

Gordon Campbell: On The TPP Outcome, And The Hobbit Law

Somehow the Trans Pacific Partnership trade deal has come lurching back from the dead – and as predicted in this column last week, the member countries gathered in Vietnam have announced a deal in broad principle, shunted aside until a later date the stuff on which they don’t agree, and declared victory. More>>

Agreeing To Differ: Greens Maintain Opposition To TPPA
“The Green Party has long opposed the TPPA. The new proposed deal, which came out of the weekend’s talks, still contains key ISDS concessions to corporations that put our democracy at risk, so our position remains the same,” said Green Party trade spokesperson Golriz Ghahraman. More>>

ALSO:

Monitoring Report: A New Chapter For Children’s Rights In New Zealand?

The Children’s Commissioner is calling on the country to embrace children’s rights to ensure their overall well-being. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election