Mizzi Family Holdings Pty Ltd v Morellini (No 3) [2017] FCA 870

Mizzi Family Holdings Pty Ltd v Morellini (No 3) [2017] FCA 870

There was no direct evidence that anyone declined to deal with Mr Morellini as a result of the threats made by Mizzi; any disadvantage could not properly be attributed to the threats; therefore, the claim for damages must be dismissed.

Jurisdiction
Australia
Judgment Date
01 August 2017
Procedural Posture
Cross Claim for Damages for Unjustifiable Threats Under Patent Law / Final Judgment (post Trial on Damages Issue)
Outcome
Cross-claim for damages dismissed.
Legal Topics
['patents' 'innovation Patent' 'unjustifiable Threats' 'damages' 'infringement']
['intellectual Property'] ['patents' 'innovation Patent' 'unjustifiable Threats' 'damages' 'infringement']

Case Brief

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Procedural Posture

Cross Claim for Damages for Unjustifiable Threats Under Patent Law / Final Judgment (post Trial on Damages Issue)

Legal Issues

  1. 1 ['Whether Mr Morellini suffered damages as a result of unjustifiable threats concerning the Patent' 'Whether damages for loss of commercial reputation can be recovered under s 128 of the Patents Act 1990 (Cth)']

Ratio Decidendi

There was no direct evidence that anyone declined to deal with Mr Morellini as a result of the threats made by Mizzi; any disadvantage could not properly be attributed to the threats; therefore, the claim for damages must be dismissed.

Court Disposition

Cross-claim for damages dismissed.

Orders

  • ['The cross-claim for damages be dismissed.' 'On or before 4.00pm Tuesday 15 August 2017, the parties file and serve submissions as to costs.']