News

The Federal Court of Australia (Downes J) has delivered judgment in EIS GmbH v LELO Oceania Pty Ltd [2025] FCA 1111, in which Katrina Howard SC of Ninth Floor Selborne Chambers appeared, leading James Samargis with assistance from Charlotte Dillon and Melissa McGrath, instructed by the team at Douros Jackson Lawyers, for the successful respondents.

The Court revoked Australian Standard Patent No. 2018200317 relating to a compression wave massage device for sexual stimulation of the clitoris, finding it invalid for lack of clarity, failure to define the invention, lack of support and insufficiency. Her Honour also held that EIS did not establish that the LELO products infringed the Patent.

This judgment is an example of patent claims being found to be unclear and not define the invention. It also provides important guidance on the application of the Raising the Bar amendments to the Patents Act in relation to support and sufficiency. It underscores the need for precision and full disclosure in patent specifications and will serve as a significant precedent in future patent litigation.

See the full judgment here.

We are pleased to share the latest episode of X-Examination, in which Giles Stapleton sits down with his Ninth Floor Selborne Chambers colleague, Richard Gration, Barrister and Specialist Reserve Legal Officer with the Royal Australian Air Force. Their discussion explores how international law operates in practice, far beyond the headlines and public assumptions.

Key topics covered include AUKUS and Australia’s strategic posture, the workings of the UN Security Council, grey zone conflict, the ICC’s role in pursuing heads of state, and the day-to-day work of ADF lawyers. They also reflect on investigations such as the Brereton Report and how they unfold in practice.

This is the fourth episode of the podcast, following three earlier instalments. You can listen on YouTube or Spotify.