Commonwealth Industrial Gases Ltd v MWA Holdings Pty Ltd [1970] HCA 38

High Court of Australia Menzies J. Commonwealth Industrial Gases Ltd v MWA Holdings Pty Ltd [1970] HCA 38

ORDER

1. The defendants and each of them by their servants, workmen, agents or otherwise be restrained during the continuance of the rgistration of letters patent No. 205511 and any extensions and regrants thereof from infringing the said letters patent.

2. That the defendants and each of them deliver up to the plaintiff on oath or at the plaintiff's option to destroy all products infringing or made in infringement of any of the claims of the complete specification of the said letters patent and each of them.

3. An account to be taken of all gains and profits made by the defendants and each of them by reason of their infringement and that the defendants pay to the plaintiff the amount of such gains and profits when so ascertained.

4. Certify in accordance with s. 169, Patents Act 1952, that the validity of the claims of the complete specification of letters patent 205511 came in question.

5. The defendants and each of them by their servants, workmen, agents or otherwise be restrained during the continuance of the registration of letters patent No. 202348 and any extensions and regrants thereof from infringing the said letters patent.

6. That the defendants and each of them deliver up to the plaintiff on oath or at the plaintiff's option to destroy all products infringing or made in infringement of any of the claims of the complete specification of the said letters patent and each of them.

7. An account to be taken of all gains and profits made by the defendants and each of them by reason of their infringement and that the defendants pay to the plaintiff the amount of such gains and profits when so ascertained.

8. Certify in accordance with s. 169, Patents Act 1952, that the validity of the claims of the complete specification of letters patent 202348 came in question.