Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [No 2] [2007] HCA 21

HIGH COURT OF AUSTRALIA

GUMMOW, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

LOCKWOOD SECURITY PRODUCTS PTY LTD APPELLANT

AND

DORIC PRODUCTS PTY LTD RESPONDENT

Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [No 2]

[2007] HCA 21

23 May 2007

S226/2006

ORDER

1. Appeal allowed with costs.

2. Set aside orders 2, 3, 7 and 8 of the Full Court of the Federal Court of Australia made on 20 December 2005 and in their place order that the respondent, by itself, its directors, servants or agents or otherwise howsoever during the term of the Patent, be restrained from infringing claims 13, 14, 15, 20 and 30 of the Patent, and in particular from:

(a) importing, making, hiring, selling, supplying or otherwise disposing of or offering to make, hire, sell, supply or otherwise dispose of or using or keeping for the purpose of doing any of those things a latch assembly including without limitation the following features:

(i) a casing;

(ii) a latch bolt mounted on the casing so as to be movable relative thereto between an extended latching position and a retracted release position;

(iii) a first actuator operable from an inner side of the assembly to cause movement of the latch bolt to said release position;

(iv) locking means operable from said inner side of the assembly to adopt an active condition and thereby render said first actuator inoperable;

(v) a second actuator operable from an outer side of the assembly to cause movement of the latch bolt to the release position;

(vi) lock release means which is responsive to said operation to the second actuator so as to thereby render said locking means inactive;

(vii) said locking means including detent means which is movable between an actuator locking position and an actuator release position which corresponds to said active and inactive conditions respectively of said locking means;