Guttershield Systems Australia Pty Limited v LBI Holdings Pty Limited [2008] NSWSC 747

New South Wales Supreme Court

CITATION : Guttershield Systems Australia Pty Limited v LBI Holdings Pty Limited [2008] NSWSC 747

HEARING DATE(S) : 5 September, 12, 13 and 14 November 2007, 6 and 12 February 2008

JUDGMENT DATE : 23 July 2008

JUDGMENT OF : McLaughlin AsJ

1. I determine the costs referred to in paragraph 2(a) of the short minutes of 17 December 2004 in the amount of $31,977.05. 2. I determine that the patents, registered designs or other items of intellectual property that are the subject of undertakings referred to in paragraphs 2(b), 2(c) and 2 (d) of the aforesaid short minutes are: Gutter grid logo Tubular mesh screen patent DECISION : Mesh screen patent Bushfile trademark Guttersock trademark Stopper assembly patent Drainsock trademark 3. I determine the costs incurred in relation to the development of the patents, registered designs or other items of intellectual property that are the subject of undertakings referred to in paragraphs 2 (b), 2(c) and if applicable 2(d) of the aforesaid short minutes in the amount of $7295.83

CATCHWORDS : Intellectual property - reference for determination - cost of development of patents - measures of cost - whether historic cost or arms-length cost - not appropriate to apply indexation by way of an interest component - travel expenses should be actual expenses incurred - possible unjust enrichmenst is not a relevant factor in calculating cost of development - not appropriate to caluculate what might have been the reasonable cost for developing the patents.

LEGISLATION CITED : Patents Act 1990