Australia has just had its second federal court decision involving our rather controversial second tier patent system, the innovation patent. In the case, Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2010] FCA 723 (July 12 2010), the plaintiff sued over two innovation patents in the field of fish processing machinery. It is noteworthy that the second of the innovation patents was granted after the litigation had commenced and the plaintiff had seen a detailed response from the defendant on non-infringement.