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.
Recent cases about patent infringement
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Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2023] FCA 517
PRACTICE AND PROCEDURE —– application for freezing orders against respondents to a proceeding for patent infringement and a third party —– third party holds security interests over intellectual property assets of first respondent and member of same group of companies as respondents —– liability previously determined in favour of applicant against respondents —– hearing on…
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 9) [2023] FCA 632
PRACTICE AND PROCEDURE — disputes between parties about orders to be made in a proceeding involving a claim for relief in relation to the infringement of two patents and a cross-claim for a declaration of invalidity of the patents — where first respondent has disposed of part of its business — where applicant seeks addition…
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 8) [2023] FCA 182
PATENTS — two patents for methods, apparatuses and systems for vehicle detection and determination of vehicle overstay in time-limited parking space — wireless communication between subterraneous detection apparatus and above-ground detection collection apparatus PATENTS — claims for infringement of claims against two respondents — infringement issues – cross-claim alleging invalidity — claims for additional damages…
