Datadot Technology Ltd v Alpha Microtech Pty Ltd [2003] FCA 962

FEDERAL COURT OF AUSTRALIA

Datadot Technology Ltd v Alpha Microtech Pty Ltd [2003] FCA 962

PATENTS – innovation patent entitled 'Identifier Label Application System' – infringement – where no appearance by respondent – where evidence of infringement PATENTS – innovation patent entitled 'Identifier Label Application System' – revocation – where no evidence to support claim for revocation PRACTICE & PROCEDURE – certificate under Patents Act 1990 (Cth), s 19 – conferral of discretion – where no contested issue concerning the validity of the patent

Patents Act 1990 (Cth) ss 7(4), 7(5), 18(1A), 19(1), 19(2), 52(1), 52(2), 101A, 101B, 101E, 117(1), 117(2)(c), 143A DATADOT TECHNOLOGY LTD v ALPHA MICROTECH PTY LTD N799 OF 2002 EMMETT J 5 AUGUST 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N799 OF 2002

BETWEEN: DATADOT TECHNOLOGY LTD

APPLICANT

AND: ALPHA MICROTECH PTY LTD

RESPONDENT

BETWEEN: ALPHA MICROTECH PTY LTD

CROSS-CLAIMANT

AND: DATADOT TECHNOLOGY LTD

CROSS-RESPONDENT

JUDGE: EMMETT J

DATE: 5 AUGUST 2003

PLACE: SYDNEY

THE COURT DECLARES:

1. that the supply, sale, distribution or use by the respondent of application equipment comprising the system known as SmartDOT, of which Exhibits MKM-1, MKM-2 and MKM-3 constitute an example, constitutes an infringement of Innovation Patent No. 2001100633.

THE COURT ORDERS:

2. that the respondent be permanently restrained from supplying, selling, distributing or using the application equipment comprising the system known as SmartDOT, of which Exhibits MKM-1, MKM-2 and MKM-3 constitute an example;

3. that the cross-claim be dismissed;

4. that the proceeding be stood over to 5 September 2003 for directions in relation to the assessment of quantum of pecuniary relief;