Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Load and Move Pty Ltd v Container Rotation Systems Pty Ltd [2016] FCA 843 File number: NSD 1715 of 2015
Judge: RARES J
Date of judgment: 15 April 2016
Catchwords: PATENTS – Patents Act 1990 (Cth) – infringement – where goods manufactured in China sold f.o.b. or ex works for shipment to Eritrean purchaser by Australian vendor through Australian websites or online – whether such sale within meaning of the patentee's exclusive right to sell or exploit the patented invention in the patent area under Patents Act 1990 (Cth) – where goods never entered patent area, being Australia – application for preliminary discovery to determine whether sale of goods infringed Australian patent
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) r 7.23 Patents Act 1990 (Cth) s 13, Sch 1 Sale of Goods Act 1893 (UK) Sale of Goods Act 1923 (NSW) Statute of Monopolies 1623 (UK)
Cases cited: Badische Anilin Und Soda Fabrik v Hickson [1906] AC 419 George v Rockett (1990) 170 CLR 104 James v Commonwealth (1939) 62 CLR 339 Paul's Retail Pty Limited v Lonsdale Australia Limited (2012) 294 ALR 72 PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] 2 WLR 1193 Saffron v Société Minière Cafrika (1958) 100 CLR 231
Date of hearing: 8, 15 April 2016
Registry: New South Wales
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate