Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tramanco Pty Ltd v BPW Transpec Pty Ltd [2009] FCA 509
INTELLECTUAL PROPERTY – patents – interlocutory injunction – alleged infringement of patent – application to restrain respondent from marketing an Electronic Road Monitoring System – alleged infringement – whether serious question to be tried – factors relevant to the balance of convenience – respondent proposing to continue to market the allegedly infringing product in knowledge of the applicant's claim to be entitled to the patent – held serious question to be tried – had adverse impact on applicant's business not quantifiable in damages were interlocutory injunction not granted – interlocutory injunction granted
Judiciary Act 1903 (Cth)
Tidy Tea Ltd v Unilever Australia Ltd (1995) 32 IPR 405 applied
Bodkin C, Patent law in Australia (Law Book Company 2008) TRAMANCO PTY LTD v BPW TRANSPEC PTY LTD
QUD114 of 2009
LOGAN J
13 MAY 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD114 of 2009
BETWEEN: TRAMANCO PTY LTD
Applicant
AND: BPW TRANSPEC PTY LTD
Respondent
JUDGE: LOGAN J
DATE OF ORDER: 13 MAY 2009
WHERE MADE: BRISBANE
Upon the Applicant giving the usual understanding as to damages,
THE COURT ORDERS THAT:
1. Until 5 p.m. on 22 May 2009 or further earlier order of the Court, the Respondent whether by itself, its directors or officers, or by its servants or the agents or otherwise howsoever, during the term of Australian Patent No 2004264997 ("the Patent"), or any extensions of it, be restrained from making, selling or otherwise disposing of, offering to make, sell or otherwise dispose of, using, importing or exporting into or from Australia or keeping for the purpose of doing any of those things, any method or device associated therewith and which is used by the Respondent to implement that method for logging the performance of a vehicle suspension system that contains an ability to test the performance of an individual axle or group of axles on a truck or trailer to an impact or impulsive load that incorporates any of the integers of any of claims 1, 12, 19, 20, 21, 22 or 23 of the Patent. 2. These proceedings, including any application for extension, variation, or dissolution of the relief granted in paragraph 1, and any application for "Fast-Track Directions" listing, be adjourned to 10:15 a.m. on 22 May 2009. 3. The Respondent file such affidavits, if any, upon which it proposes to rely, on the subject of interlocutory injunctive relief, on or before 4 p.m. on 19 May 2009. 4. The Applicant file and serve any affidavits in reply on or before 4 p.m. on 21 May 2009. 5. Liberty to apply. 6. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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