Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156 Citation: Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156
Appeal from: Application for leave to appeal: Apple Inc. v Samsung Electronics Co Limited [2011] FCA 1164
Parties: SAMSUNG ELECTRONICS CO. LIMITED and SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED (ACN 002 915 648) v APPLE INC. and APPLE PTY LIMITED (ACN 002 510 054)
File number: NSD 1792 of 2011
Judges: DOWSETT, FOSTER AND YATES JJ
Date of judgment: 30 November 2011
Catchwords: APPEAL – appeal from decision to grant interlocutory injunctions – leave to appeal required – injunction has effect of finally determining the main matter at issue – leave granted – principles to be applied on appeal in such a matter discussed PATENTS – claim of infringement of two patents – assertion of invalidity of one of those patents – interlocutory injunctive relief sought – whether strength of the infringement case and the balance of convenience and justice sufficient to sustain the grant of interlocutory injunction – fast-moving product – injunction likely to determine the fate of the product PRACTICE AND PROCEDURE – interlocutory injunctions – relevant principles discussed – Court must evaluate the strength of the probability of success for the applicant and to take that evaluation into account when assessing the balance of convenience and justice
Legislation: Australian Consumer Law Federal Court of Australia Act 1976 (Cth), s 23 Judiciary Act 1903 (Cth), s 35(1) Patents Act 1990 (Cth), ss 40, 116, 122 and Schedule 1
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