Gilbert + Tobin advised BASF in the 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.

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.

Gilbert + Tobin advised BASF with a team including John Lee (Picture), Vanessa Farago-Diener and Irini Lantis.

Involved fees earner: Vanessa Farago-Diener – Gilbert + Tobin; Irini Lantis – Gilbert + Tobin; John Lee – Gilbert + Tobin;

Law Firms: Gilbert + Tobin;

Clients: BASF;