Recent Australian Federal Court decision TCT Group
Pty Ltd v Polaris IP Pty Ltd [2022] FCA
1493 is particularly notable for its exploration of
support in an external document – namely an earlier filed
patent application. The decision provides a cautionary tale to
patent applicants and legal practitioners alike, addressing
essential considerations for both sufficiency and support
requirements under Australian patent law, and interparty
communications with an alleged infringer.
Background
Polaris IP Pty Ltd ("Polaris") is the owner of
certified Australian Innovation Patents AU 2020100485 ("the
'485 Patent") and AU 2020102918 ("the '918
Patent"), the claims of which are each broadly directed to
soft closing hinges such as those for glass-panelled swimming pool
access doors. On 1 July 2020 Polaris wrote to TCT Group Pty Ltd
("TCT") alleging its patents were infringed by the
latter's "Orion" range of hinges, and threatening
proceedings. Proceedings commenced on 9
