Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLH Engineering and Construction Pty Ltd v Pro 3 Products Pty Ltd [2015] FCA 833 Citation: BLH Engineering and Construction Pty Ltd v Pro 3 Products Pty Ltd [2015] FCA 833
Parties: BLH ENGINEERING AND CONSTRUCTION PTY LTD (ACN 133 867 875) and BLH SAFETY SOLUTIONS PTY LTD (ACN 152 247 792) v PRO 3 PRODUCTS PTY LTD (ACN 147 825 885)
File number: VID 294 of 2012
Judge: JESSUP J
Date of judgment: 14 August 2015
Catchwords: INTELLECTUAL PROPERTY – Patents – Australian Innovation Patent – Validity – Innovative step – Whether patent was invalid and liable to be revoked on account of lack of novelty and absence of an innovative step – entitlement to a certificate under s 19(1) of the Patents Act 1990 (Cth) INTELLECTUAL PROPERTY – Patents – Infringement – Whether the acts about which threats were made infringed a claim in the patent INTELLECTUAL PROPERTY – Patents – Threats to take infringement proceedings within the meaning of s 128 of the Patents Act 1990 (Cth) TRADE PRACTICES – Whether threats under s 128 of the Patents Act 1990 (Cth) amounted to false and misleading representations in trade and commerce actionable under ss 18 and 29(1)(m) of the Australian Consumer Law INTELLECTUAL PROPERTY – Patents – Remedies – Whether it was appropriate to grant declarations, an injunction and damages
Legislation: Civil Dispute Resolution Act 2011 (Cth) Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29(1)(m) of the Australian Consumer Law Federal Court of Australia Act 1976 (Cth) s 21 Patents Act 1990 (Cth) ss 7, 18, 119, 128, 129A, 138
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