PATENTS – application for an interlocutory injunction by patent holder – where generic recently launched – where patent holder is claiming for infringement – where patent alleged to be invalid – whether balance of convenience favours the grant of an injunction – where there has been substantial delay on the part of the patent holder – where detriment to the patent holder if the injunction is not granted is much more readily quantifiable in damages than the detriment to the generic – application dismissed
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Southern Cross Industrial Group PL v Mickala Mining Maintenance PL (Liability Trial) [2025] FCA 1363
PATENTS – construction – invalidity – whether claims 1 and 4 of innovation patent lack novelty – factual dispute concerning public availability – whether lack of innovative step – whether sole director of company authorised infringement of claims – whether sole director is liable as a joint tortfeasor – where claims 1 and 4 found…
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 13) [2025] FCA 1078
PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
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The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
