Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 1189 File number(s): NSD 1040 of 2019
Judgment of: ROFE J
Date of judgment: 6 October 2022
Catchwords: PATENTS – where invention claimed is a core sample orientation device relating to a system and method for orienting core samples extracted from the ground – construction of patent – meaning of "predetermined time intervals" – whether respondents infringed patent in suit – held: respondents' product infringed patent – accessorial liability for infringement: s 117 of Patents Act 1990 (Cth), authorisation and joint tortfeasorship – all respondents liable for infringing conduct PATENTS – invalidity – external fair basis and priority date – fourth respondent challenges priority date of patent claims on basis that they are not fairly based on the matter disclosed in the provisional – claims of patent found to be fairly based – cross-claim dismissed DAMAGES – applicants seeks orders for additional damages against each respondent per s 122A of Patents Act 1990 (Cth) – conduct of respondents in circumstances where lengthy litigation history exists between the parties and previous versions of the respondents' product found to infringe patent – applicants entitled to an award of additional damages
Legislation: Copyright Act 1968 (Cth) Federal Court of Australia Act 1976 (Cth) Patents Act 1990 (Cth) Patents Regulations 1991 (Cth)
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