Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bitech Engineering v Garth Living Pty Ltd [2013] FCA 822 Citation: Bitech Engineering v Garth Living Pty Ltd [2013] FCA 822
Parties: BITECH ENGINEERING v GARTH LIVING PTY LTD (ACN 111 145 432); BITECH ENGINEERING v BUNNINGS GROUP LIMITED (ACN 08 672 179)
File numbers: NSD 1681 of 2006 NSD 43 of 2007
Judge: FOSTER J
Date of judgment: 14 August 2013
Catchwords: PATENTS – patentee who has exploited the invention in the patent by manufacturing and selling heating appliances elected to recover damages as the form of pecuniary relief which it intended to pursue for infringement of the patent – relevant principles discussed – application of the relevant principles considered
Legislation: Patents Act 1990 (Cth), s 122
Cases cited: Bitech Engineering v Garth Living Pty Ltd (2009) 84 IPR 78 related Bitech Engineering v Garth Living Pty Ltd (2010) 86 IPR 468 related Bitech Engineering v Garth Living Pty Ltd (No 2) [2011] FCA 526 related Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd(2001) 52 IPR 305 cited Catnic Components Ltd v Hill & Smith Ltd [1983] FSR 512 cited General Tire and Rubber Co v Firestone Tyre & Rubber Co Ltd [1976] RPC 197 applied Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 cited Pearce v Paul Kingston Pty Ltd (1992) 25 IPR 591applied Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 cited
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