A breach of contract claim concerning a settlement of patent infringement proceedings involves a 'matter arising under' the Patents Act 1990 (Cth) where the contract concerns rights that are the creation of federal law, even though the claim is framed as a contractual claim rather than a patent infringement claim. However, such proceedings are not 'infringement proceedings' that may be started in a prescribed court under the Act, so s 158 does not direct appeals exclusively to the Federal Court. Instead, s 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) operates to require the appeal to be transferred to the Full Court of the Federal Court unless the interests of justice require otherwise.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
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