Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No 3) [2013] FCA 67

Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No 3) [2013] FCA 67

Liability for patent infringement was established against LGI due to deemed admissions of involvement in the sale and distribution of the infringing product (fresAir Product), and no evidence rebutted this. Judgment and remedies were justified on the basis of the originating claim, deemed admissions, and unchallenged expert account of profits.

Parties
Applicant/cross Respondent, Cross Claimant: Breezway Australia (Holdings) Pty Ltd; First Respondent/first Cross Claimant: Preference Manufacturing Pte Ltd; Second Respondent/second Cross Claimant: Preference Manufacturing (Aust) Pty Ltd; Third Respondent: LGI Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
11 February 2013
Procedural Posture
Patent Infringement Proceeding / Judgment After Ex Parte Hearing Against Third Respondent Due to Non Appearance
Outcome
Liability for patent infringement established against LGI Australia Pty Ltd; orders for injunctions, destruction of infringing product, account of profits, and further inquiry into pecuniary relief; final orders pending further submissions.
Legal Topics
Patent Infringement, Default Judgment, Remedies for Patent Infringement, Account of Profits in Patent Proceedings
Intellectual Property Patents Civil Procedure Patent Infringement Default Judgment Remedies for Patent Infringement Account of Profits in Patent Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Breezway Australia (Holdings) Pty Ltd

Applicant/cross Respondent, Cross Claimant

Preference Manufacturing Pte Ltd

First Respondent/first Cross Claimant

Preference Manufacturing (Aust) Pty Ltd

Second Respondent/second Cross Claimant

LGI Australia Pty Ltd

Third Respondent

Procedural Posture

Patent Infringement Proceeding / Judgment After Ex Parte Hearing Against Third Respondent Due to Non Appearance

Legal Issues

  1. 1 Whether LGI Australia Pty Ltd was involved in the exploitation in Australia of the fresAir Product within the meaning of s 13(1) of the Patents Act 1990 (Cth)
  2. 2 Whether such conduct constituted infringement of at least one of claims 1 to 10 of the Patent

Ratio Decidendi

Liability for patent infringement was established against LGI due to deemed admissions of involvement in the sale and distribution of the infringing product (fresAir Product), and no evidence rebutted this. Judgment and remedies were justified on the basis of the originating claim, deemed admissions, and unchallenged expert account of profits.

Court Disposition

Liability for patent infringement established against LGI Australia Pty Ltd; orders for injunctions, destruction of infringing product, account of profits, and further inquiry into pecuniary relief; final orders pending further submissions.

Orders

  • Declaration of infringement of claims 1-10 of Australian Patent No. 2009212763 by LGI.
  • Injunction restraining LGI from further infringing the Patent.