High Court of Australia
High Court of Australia Aickin J. Meyers Taylor Pty Ltd v Vicarr Industries Ltd [1977] HCA 19
ORDER In the action for infringement:
(a) judgment for plaintiff against the second, sixth, seventh and eighth defendants for damages with costs, including reserved costs, to be taxed, with liberty to plaintiff to apply on notice to those defendants with respect to the time and mode of assessment of such damages.
(b) judgment for the other defendants with such costs as upon taxation are found to be exclusively referrable to their joinder as defendants.
In the counterclaim for revocation, judgment for the plaintiff with costs, including reserved costs. Certificate under s. 169 of the Patents Act 1952 that the validity of each claim of Patent No. 465073 came into question in these proceedings. Usual order as to exhibits.
Cur. adv. vult.
J Aickin delivered the following written judgment:—
1977, Apr. 21 Aickin J
In this action the plaintiff sues for infringement of its Patent No. 465073 in respect of a window stay assembly.
The defendants comprise a group of related companies, some of which engage in the manufacture and sale of caravans. It appears that those companies formerly purchased caravan windows from the plaintiff. The body of the specification describes the prior art and the invention as follows:
This Invention relates to a window control assembly used to move a hinged casement window to, and hold it in, desired adjusted position.
In particular it comprises a control assembly in the type of window which has a window casement hinged to a fixed frame surrounding a window embrasure, said assembly including a link, pivot means connecting the link at one end to said casement, an operating unit on the inner side of said fixed frame, a pivottal connection between said unit and the other end of said link, the operating unit in use moving said other end of said link to move the casement. An assembly of this type will be referred to as "a control assembly of the type indicated".
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