Federal Court of Australia
Federal Court of Australia
UbiPark Pty Ltd v TMA Capital Australia Pty Ltd [2022] FCA 111 File number: VID 674 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 14 February 2022
Catchwords: PATENTS – application for interlocutory injunction to restrain threats of infringement proceedings – where the applicant sold carpark technology systems to carpark owners and operators – where the respondent patentee had threatened infringement proceedings against customers and potential customers of the applicant – whether an interlocutory injunction should be granted to restrain the respondent from making further threats – interlocutory injunction granted
Legislation: Civil Dispute Resolution Act 2011 (Cth) Patents Act 1990 (Cth), ss 128, 129, 131
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Durak v Associated Pool Builders Pty Ltd (1983) 1 IPR 545 Johnson Electric Industrial Manufactory Ltd v Mabuchi-Motor KK [1986] FSR 280 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Sydney Cellulose Pty Ltd v Ceil Comfort Home Insulation Pty Ltd (2001) 53 IPR 359 Townsend Controls Pty Ltd v Gilead [1989] FCA 862
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