Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150

Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150

Claims 1-17, 19-22, 24-26, 29 and 30 of the patent were anticipated by prior public use of the RolaShades product in Australia, rendering them invalid for lack of novelty. Prior art (Toso Patent) did not anticipate any claims. The patent disclosed a manner of manufacture. JAI's supply and directions to customers resulted in infringement of claims 23 and 27.

Parties
First Applicant: Damorgold Pty Ltd (ACN 051 905 705); Second Applicant: Vertilux Corporation Pty Ltd (ACN 074 643 182); Respondent/cross Claimant: JAI Products Pty Ltd (ACN 126 185 377)
Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Patent Infringement and Invalidity / Judgment on Liability (infringement and Validity); Directions for Orders
Outcome
Claims 1-17, 19-22, 24-26, 29 and 30 anticipated and invalid for lack of novelty; Toso Patent does not anticipate; patent claims valid as a manner of manufacture; infringement of claims 23 and 27 established; directions for parties to file proposed orders.
Legal Topics
Patent Infringement, Patent Validity, Novelty, Manner of Manufacture, Contributory Infringement, Joint Tortfeasor Liability, Authorisation
Intellectual Property Patents Patent Infringement Patent Validity Novelty Manner of Manufacture Contributory Infringement Joint Tortfeasor Liability +1 more

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Parties

Damorgold Pty Ltd (ACN 051 905 705)

First Applicant

Vertilux Corporation Pty Ltd (ACN 074 643 182)

Second Applicant

JAI Products Pty Ltd (ACN 126 185 377)

Respondent/cross Claimant

Procedural Posture

Patent Infringement and Invalidity / Judgment on Liability (infringement and Validity); Directions for Orders

Legal Issues

  1. 1 Whether respondent infringed the applicants' patent by supplying spring assist mechanisms and related components
  2. 2 Whether the relevant claims of the patent are invalid for lack of novelty or manner of manufacture
  3. 3 Whether prior acts or art anticipate the patent claims

Ratio Decidendi

Claims 1-17, 19-22, 24-26, 29 and 30 of the patent were anticipated by prior public use of the RolaShades product in Australia, rendering them invalid for lack of novelty. Prior art (Toso Patent) did not anticipate any claims. The patent disclosed a manner of manufacture. JAI's supply and directions to customers resulted in infringement of claims 23 and 27.

Court Disposition

Claims 1-17, 19-22, 24-26, 29 and 30 anticipated and invalid for lack of novelty; Toso Patent does not anticipate; patent claims valid as a manner of manufacture; infringement of claims 23 and 27 established; directions for parties to file proposed orders.

Orders

  • On or before 4:00pm on 14 March 2014, the parties confer and file and serve proposed minutes of orders reflecting these reasons and including any further directions (if necessary), and in the event of disagreement, short written submissions in support of any separately proposed minutes of orders.