flimsy patent protection

Looks like some of CMQ’s patents are difficult to enforce and may not be worth the paper they are printed on! QUOTING from the Federal Court judgment:
the defendant had information that the patent the subject of the US Patent Announcement was not material to the defendant’s commercial position in the context of the whole of its intellectual property portfolio because:
(i)it protected a particular method of formulating the defendant’s product but not the product itself;
(ii) it was difficult to detect an infringement of the intellectual property rights conferred by the patent and therefore difficult to enforce those rights;
AND BY REASON OF THOSE MATTERS THE ISSUE OF THE PATENT DID NOT REPRESENT ANY MATERIAL CHANGE IN THE DEFENDANT’S COMMERCIAL POSITION (the US Patent Information);

Full text available at: http://esearch.fedcourt.gov.au/Esearch?showDoc=24834408

Cheers