Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mizzi Family Holdings Pty Ltd v Morellini (No 3) [2017] FCA 870 File number: QUD 112 of 2011
Judge: DOWSETT J
Date of judgment: 1 August 2017
Catchwords: PATENTS – innovation patent – invention of device to plant billets of sugar cane – claim for damages for unjustifiable threats – no demonstrated adverse effect as a result of the threats
Legislation: Australian Consumer Law s 236 Patents Act 1990 (Cth) s 128 Trade Practices Act 1974 (Cth) s 82
Cases cited: Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 Brabazon v Western Mail Ltd (1985) 8 FCR 122 Cryeng Pty Ltd v Loyola [2011] FCA 956 Flamingo Park Pty Ltd v Dolly Dolly Creation Pty Ltd (1986) 65 ALR 500 Horne v Johnston Brothers (1921) 38 RPC 366 Loyola v Cryeng Pty Ltd [2012] FCAFC 71 Solanite Signs Ltd v Wood (1933) 50 RPC 315 Ungar v Sugg (1892) 9 RPC 114
Date of hearing: 12 August 2016
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