VIP Plastic Packaging Pty Ltd v B.M.W. Plastics Pty Ltd [2011] FCA 660

VIP Plastic Packaging Pty Ltd v B.M.W. Plastics Pty Ltd [2011] FCA 660

BMW's product infringed claims 1, 2, 5, 6, 7, 8, 10 and 11 of the VIP Patent, as it possesses all essential integers of those claims. The alleged differences do not avoid infringement. BMW failed to establish any ground for invalidity of the VIP Patent: the prior art (Hancock Patent) did not anticipate the invention; the invention was not shown to be obvious to a skilled worker as at the priority date; the patent was a manner of manufacture; and the claims were sufficiently clear and definite. Most of BMW's expert evidence was inadmissible or entitled to no weight, given the lack of relevant expertise. BMW's cross-claim is dismissed.

Parties
Applicant/cross Respondent: VIP Plastic Packaging Pty Ltd; Respondent/cross Claimant: B.M.W. Plastics Pty Ltd
Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Patent Infringement and Revocation Proceedings / Judgment After Trial on Liability (no Damages Assessed)
Outcome
Applicant succeeds on its claim of infringement. Respondent's cross-claim for revocation dismissed.
Legal Topics
Patent Infringement, Patent Validity, Novelty, Inventive Step, Manner of Manufacture, Clarity of Claims, Admissibility of Expert Evidence
Intellectual Property Patents Patent Infringement Patent Validity Novelty Inventive Step Manner of Manufacture Clarity of Claims +1 more

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Parties

VIP Plastic Packaging Pty Ltd

Applicant/cross Respondent

B.M.W. Plastics Pty Ltd

Respondent/cross Claimant

Procedural Posture

Patent Infringement and Revocation Proceedings / Judgment After Trial on Liability (no Damages Assessed)

Legal Issues

  1. 1 Whether BMW's product infringed claims of the VIP Patent
  2. 2 Whether the VIP Patent lacked novelty over the Hancock Patent
  3. 3 Whether the VIP Patent lacked inventive step (was obvious)

Ratio Decidendi

BMW's product infringed claims 1, 2, 5, 6, 7, 8, 10 and 11 of the VIP Patent, as it possesses all essential integers of those claims. The alleged differences do not avoid infringement. BMW failed to establish any ground for invalidity of the VIP Patent: the prior art (Hancock Patent) did not anticipate the invention; the invention was not shown to be obvious to a skilled worker as at the priority date; the patent was a manner of manufacture; and the claims were sufficiently clear and definite. Most of BMW's expert evidence was inadmissible or entitled to no weight, given the lack of relevant expertise. BMW's cross-claim is dismissed.

Court Disposition

Applicant succeeds on its claim of infringement. Respondent's cross-claim for revocation dismissed.

Orders

  • Applicant to file and serve proposed orders by 17 June 2011 giving effect to reasons for judgment and appropriate to be made at this stage.
  • If respondent disagrees with proposed orders, it is to file and serve a statement of disagreement by 21 June 2011.