Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NSL Engineering Pte Ltd v Australian Mobile Mining Equipment Systems and Accessories Pty Limited [2016] FCA 614 File number: VID 631 of 2014
Judge: JESSUP J
Date of judgment: 1 June 2016
Catchwords: INTELLECTUAL PROPERTY – Patents – Threats of infringement proceedings made to third parties – Whether use of applicant's apparatus infringed patent – Integer of claim required that surface of apparatus "abut" end wall of shipping container being lifted – Whether requirement satisfactorily close proximity short of contact – Integer of claim required arm of apparatus to have "moveable component" incorporating a twist lock – Whether requirement satisfied by elements of twist lock itself being moveable apropos the arm. CONSUMER LAW – Misleading and deceptive conduct – Allegations of patent infringement – Whether conduct of addressees did involve infringement – Whether allegations misrepresented extent of patent protection.
Legislation: Australian Consumer Law s 18 Sch 2 to the Competition and Consumer Act 2010 (Cth) Patents Act 1990 (Cth) ss 117, 128 Oxford English Dictionary 2nd ed Shorter Oxford English Dictionary
Date of hearing: 21-23 March 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 73
Counsel for the Applicant: Mr C Smith
Solicitor for the Applicant: Arcadia Lawyers
Counsel for the Respondents: Mr I Horak
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