Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2022] FCA 1429 File number(s): NSD 1040 of 2019
Judgment of: ROFE J
Date of judgment: 21 November 2022
Catchwords: PRACTICE AND PROCEDURE — application for stay of injunction, orders for delivery-up and destruction of infringing materials and costs — appropriate form of injunction following findings of patent infringement —whether grounds of appeal reasonably arguable — whether appeal would be rendered nugatory absent a stay — whether balance of convenience favours either party – whether either party would suffer prejudice — other relevant considerations
Cases cited: Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 1189 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (2019) 138 IPR 33 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2022] FCA 445 In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd (No 2) [2020] FCA 772 Sigma Pharmaceutical (Australia) Pty Ltd v Wyeth (No 2) (2010) 88 IPR 633
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 61
Date of hearing: 21 November 2022
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