Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd [2001] FCA 1098
DAMAGES – assessment of damages - Ramset supplied to customers a clutch without any or adequate warning that use in certain ways could infringe the appellants' patent - Ramset by its conduct procured its customers to infringe patent and contravened s 52 of the Trade Practices Act 1974 (Cth) - infringing and contravening conduct ceased after order of Full Court in 1999 - assessment of damages arising from patent infringement - assessment of damages arising from breach of s 52 of the Trade Practices Act 1974 (Cth) – alternative calculation of royalty
PATENT – damages for infringement – relevance of ability to develop non-infringing clutch – whether damages limited to period required to develop non-infringing clutch or whether this is only relevant if the non-infringing item is in fact on the market
Advanced Building Systems Pty Limited v Ramset Fasteners (Aust) Pty Limited (1998) 194 CLR 171
Walker v Alemite Corporation (1933) 49 CLR 643 at 658 cited
Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd (1999) 164 ALR 239
Grain Processing Corporation v American Maize-Products Company 185 F 3d 1341 (Fed Cir 1999) distinguished
Gerber Garment Technology Inc v Lectra Systems Ltd [1995] RPC 383 considered
Meters Ltd v Metropolitan Gas Meters Ltd (1911) 28 RPC 157 considered
ADVANCED BUILDING SYSTEMS PTY LIMITED AND THE BURKE COMPANY v RAMSET FASTENERS (AUST) PTY LIMITED
NG 717 of 1990
HILL J 13 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 717 OF 1990
BETWEEN: ADVANCED BUILDING SYSTEMS PTY LIMITED
(ACN 000 770 650)
FIRST APPLICANT
THE BURKE COMPANY
SECOND APPLICANT
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