Hunter Douglas Inc v MarketMakers (Aust) Pty Ltd [2010] FCA 751

The proceedings were dismissed by consent as the dispute had been resolved between the parties on a final basis. No substantive judgment on patent validity or infringement was delivered.

Parties: First Applicant: Hunter Douglas Inc; Second Applicant: Hunter Douglas Limited (ACN 009 675 709); First Respondent: MarketMakers (Aust) Pty Ltd (ACN 052 290 721); Second Respondent: Harry Desmond Phipps; Third Respondent: Kyoung Sook Phipps-Lee
Jurisdiction: Australia
Judgment Date: 20 July 2010
Procedural Posture: Application for Interlocutory Injunction / Dismissal by Consent After Hearing
Outcome: Proceedings dismissed by consent. No order as to costs.
Legal Topics: Patent Infringement, Interlocutory Injunction, Settlement of Proceedings

Intellectual Property Patent Infringement Interlocutory Injunction Settlement of Proceedings

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Parties

Hunter Douglas Inc

First Applicant

Hunter Douglas Limited (ACN 009 675 709)

Second Applicant

MarketMakers (Aust) Pty Ltd (ACN 052 290 721)

First Respondent

Harry Desmond Phipps

Second Respondent

Kyoung Sook Phipps-Lee

Third Respondent

Procedural Posture

Application for Interlocutory Injunction / Dismissal by Consent After Hearing

Legal Issues

1 Alleged infringement of Australian patent number 660583
2 Urgent interlocutory relief in relation to exhibition of allegedly infringing product
3 Validity of patent claims

Ratio Decidendi

The proceedings were dismissed by consent as the dispute had been resolved between the parties on a final basis. No substantive judgment on patent validity or infringement was delivered.

Court Disposition

Proceedings dismissed by consent. No order as to costs.

Orders

The proceedings be dismissed.
There be no order as to costs.