Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Multisteps Pty Limited v Source and Sell Pty Limited [2013] FCA 743 Citation: Multisteps Pty Limited v Source and Sell Pty Limited [2013] FCA 743
Parties: MULTISTEPS PTY LIMITED (ACN 065 425 434) v SOURCE AND SELL PTY LIMITED (ACN 113 852 289
File number: NSD 1273 of 2010
Judge: YATES J
Date of judgment: 31 July 2013
Catchwords: INTELLECTUAL PROPERTY – registered designs – infringement – whether design of each accused container is substantially similar in overall impression to any relevant registered design – discussion of the standard of the informed user – whether constraints on the freedom of the designer to innovate INTELLECTUAL PROPERTY – patents – validity – innovation patent – whether invention as claimed is not novel – whether invention as claimed does not involve an innovative step INTELLECTUAL PROPERTY – patents – infringement – interpretation of omnibus claim CONTRACTS – whether applicant precluded from suing for patent infringement – whether claim for infringement resolved by contract
Legislation: Designs Act 2003 (Cth) ss 5, 7, 15(2)(a), 19, 71(1) Evidence Act 1995 (Cth) ss 57, 80, 136 Patents Act 1990 (Cth) ss 18(1A)(b), 40(2)(a), 43(2), 122(1A), 138(3)(b) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs European Communities Act 1972 (UK) s 2(2) Registered Designs Act 1949 (UK) Registered Designs Regulations 2001 (UK)
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