Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA 631

FEDERAL COURT OF AUSTRALIA

Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA 631 Citation: Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA 631

Parties: BLUEPORT NOMINEES PTY LTD (ACN 091 604 330) v SEWERAGE MANAGEMENT SERVICES PTY LTD (ACN 107 062 313) and MR PAUL DAMIAN CHAPPELL

File number: WAD 407 of 2012

Judge: BARKER J

Date of judgment: 24 June 2015

Catchwords: PATENTS – pipe connectors – first respondent made, offered to make, sold, offered to sell, and kept for the purpose of doing those acts, pipe connectors – alleged infringement of applicant's patent by first respondent – construction of claims PATENTS – infringement – right to exclude others from authorising another to exploit invention – meaning of "authorise" under s 13(1) of the Patents Act 1990 (Cth) – whether second respondent as director of first respondent authorised first respondent to exploit invention – whether claim against second respondent barred by s 120(4)(b) of the Patents Act 1990 (Cth) PATENTS – infringement – liability of second respondent as director of first respondent for infringement by first respondent – whether second respondent joint tortfeasor – relevant tests – second respondent's involvement in management of first respondent and design, manufacture and sale of infringing pipe connectors

Legislation: Australian Consumer Law s 18 Competition and Consumer Act 2010 (Cth) Sch 2 Copyright Act 1968 (Cth) s 36(1) Patents Act 1990 (Cth) s 13, s 13(1), s 117, s 120(4), s 120(4)(b), Sch 1 Trade Practices Act 1974 (Cth) s 52