High Court of Australia
Xr"
IN| THE HIGH COURT OF AUSTRALIA
ORIGINA
REASONS FOR JUDGMENT
Judgment delivered at...®
ayy 33
'A. ©. Brooks, Government Printer, Melbourne 3072/6
BOLLA AND ANOTHER
ve
OBIEHANKO & COMPANY PTY. LIMITED
Action for infringement dismissed with costs; counterclaim dismissed with costs; defendant's action for damages dismissed with costs. Set-off as to costs. Usual
order with respect to exhibits.
BOLLA AND ANOTHE ve
OBIEHANKO & COMPANY PTY.
LIMITED
McTIERNAN J.
BOLLA AND ANOTHER
ve
QBIEHANKO & COMPANY . LIMITED
These proceedings are an action for infringement of letters patent No. 265399, and a counterclaim seeking both a revocation of such letters patent and a declaration and injunction in relation to certain alleged threats. The first-named plaintiff, Bolla, was, at the time of the commencement of these proceedings, the registered legal owner and proprietor of the letters patent and held his rights under the letters patent on trust for the second- named plaintiff, Gamma Design Engineering Pty. Limited.
Since the commencement of the proceedings Gamma Design Engineering Pty. Limited has become the registered proprietor of the letters patent. The patent specification is
entitled: "A jig for a hole saw and means to actuate a
hole saw in the jig". The term of the letters patent granted in accordance with the Patents Act 1952-1962 commences on 2nd December, 1963, and the patent specification bears
a priority date of 30th November, 1962.
The object of the invention claimed is described as being "... to provide a jig which will support a hole saw and hole saw actuating means in a selected position in relation to a work piece...More particularly but without limitation thereto the invention provides means for making, with the aid of the jig, a truly circular hole in a pipe in situ and at any accessible position around the circumference of the pipe". For some time prior to the making of the alleged invention by Bolla the need, particularly in the plumbing industry, for a contrivance to achieve this purpose was apparent. This need arose partly because of the advantages of and recent advances in the field of self-
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