@bobadah that is right. The Plaintiff in this matter has an...

@bobadah that is right. The Plaintiff in this matter has an innovation patent in Australia and for it to be legally enforceable it needs to have passed examination. This is essentially a separate process and until it is done the patent is not defensible at law. Invention patents on the other hand are examined before grant and take longer to get through but are defensible straight awes as they have been through examination. There are things like priority dates etc that come into play as well just to further complicate matters. IMO trying to litigate a non examined innovation patent won't get far until the examination is completed and the integers in the claims narrowed and finalised to the patent examiners liking. One outcome from examination could be a lack of novelty and the patent gets quashed on examination. An unlikely outcome but a possibility.

All IMO