German-headquartered chemical giant BASF has succeeded again in the latest round of its long running patent dispute with competitor SNF.

On 27 March, the Federal Court issued a judgment upholding BASF’s standard patents to its Rheomax™ technology, used in the treatment of mine tailings. In a very comprehensive judgment, running to almost 400 pages, Justice Jonathan Beach dismissed all of SNF’s grounds of opposition to the patents. In his closing remarks, Justice Beach also called for a review of the patent opposition process. 

The patent litigation matter had been ongoing for over a decade. BASF and SNF have been involved in numerous other disputes over related patents.

Patent litigation partner John Lee who represents BASF said, “Rheomax™ was developed in Australia by specialists working to enhance the environmental outcomes and efficiencies for the treatment of mine tailings and BASF has vigorously defended its IP in respect of this important technology.”

This latest decision in respect of BASF’s standard patents follows SNF agreeing in 2018 to pay BASF a total of AUD 3.753 million in respect of infringements and legal costs in relation to BASF’s expired innovation patents.

John Lee was supported by a team of patent litigation lawyers including Vanessa Farago-Diener and Irini Lantis.

Gilbert + Tobin’s Intellectual Property (IP) team is one of Australia’s leading stand-alone IP practices. The team advises on the full spectrum of IP, including trademarks, copyright, patents, designs, advertising, breach of confidence, database protection, IP commercialisation, and product liability matters. Our team is ranked in the top tier of the Legal 500, and was named Intellectual Property Team of the Year in the Australian Law Awards 2017.

Related articles:
19 July 2018, ‘G+T client BASF successfully concludes innovation patent litigation for mining technology’
5 August 2016, ‘G+T client BASF succeeds again in patent battle against rival SNF’