Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Term-Seal (Aust) Pty Limited v Termite Tite (NZ) No 2 Limited [2008] FCAFC 95 PATENTS – appeal – infringement properly found – no anticipation of invention properly found
Termite Tite (NZ) No 2 Ltd v Term-Seal (Aust) Pty Ltd (2007) 74 IPR 16; [2007] FCA 1493 upheld Coulton v Holcombe (1986) 162 CLR 1 cited TERM-SEAL (AUST) PTY LIMITED ACN 104 603 983, STATEWIDE PEST CONTROL PTY LIMITED ACN 079 470 518 and PHILIP HANNAY AND ROGER FRANKLIN v TERMITE TITE (NZ) NO 2 LIMITED and YORK NOMINEES PTY LIMITED ACN 001 056 453
QUD 17 of 2008
HEEREY, GYLES, GREENWOOD JJ
11 JUNE 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 17 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TERM-SEAL (AUST) PTY LIMITED ACN 104 603 983
First Appellant
STATEWIDE PEST CONTROL PTY LIMITED ACN 079 470 518
Second Appellant
PHILIP HANNAY AND ROGER FRANKLIN
Third Appellants
AND: TERMITE TITE (NZ) NO 2 LIMITED
First Respondent
YORK NOMINEES PTY LIMITED ACN 001 056 453
Second Respondent
JUDGES: HEEREY, GYLES, GREENWOOD JJ
DATE OF ORDER: 11 JUNE 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants pay the costs of the respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 17 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TERM-SEAL (AUST) PTY LIMITED ACN 104 603 983
First Appellant
STATEWIDE PEST CONTROL PTY LIMITED ACN 079 470 518
Second Appellant
PHILIP HANNAY AND ROGER FRANKLIN
Third Appellants
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate