Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 Appeal from: Australian Mud Company v Coretell Pty Ltd (No 7) [2016] FCA 991
File number: WAD 434 of 2016
Judges: GREENWOOD, JAGOT AND BURLEY JJ
Date of judgment: 17 March 2017
Catchwords: DAMAGES – patents – unjustified threats of infringement of a patent – causation – damage as a result of the threats not proved – appeal allowed
Legislation: Patents Act 1990 (Cth)
Cases cited: Australian Mud Co Pty Ltd v Coretell Pty Ltd [2010] FCA 1169; (2010) 88 IPR 270 Australian Mud Co Pty Ltd v Coretell Pty Ltd (No 2) [2010] FCA 1451 Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 4) [2015] FCA 1372 Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 7) [2016] FCA 991 Avel Pty Ltd v Intercontinental Grain Exports Pty Ltd (1996) 65 FCR 154 Comcare v Martin [2016] HCA 43; (2016) 339 ALR 1 at Robinson Helicopter Company Inc v McDermott [2016] HCA 22; (2016) 331 ALR 550 Tabet v Gett [2010] HCA 12; (2010) 240 CLR 537 Townsend Controls Pty Ltd v Gideon Gilead (1990) 21 IPR 520 Travel Compensation Fund v Tambree (trading as R Tambree and Associates) [2005] HCA 69; (2005) 224 CLR 627
Dates of hearing: 13 – 14 February 2017
Registry: Western Australia
Division: General Division
National Practice Area: Intellectual Property
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