UbiPark Pty Ltd v TMA Capital Australia Pty Ltd [2022] FCA 111

UbiPark Pty Ltd v TMA Capital Australia Pty Ltd [2022] FCA 111

The applicant established a prima facie case for a final injunction against threats of infringement proceedings under s 128 of the Patents Act, as there is a serious question to be tried regarding whether its technology infringes the patent, and the balance of convenience favours maintaining the status quo. The interlocutory injunction was granted, with appropriate undertakings and security.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Interlocutory Application in Patent Dispute / Interlocutory Injunction; Pre Trial
Outcome
Interlocutory injunction granted; costs reserved
Legal Topics
['patents' 'injunctions' 'unjustified Threats' 'interlocutory Relief' 'patent Infringement']
['intellectual Property Law'] ['patents' 'injunctions' 'unjustified Threats' 'interlocutory Relief' 'patent Infringement']

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Procedural Posture

Interlocutory Application in Patent Dispute / Interlocutory Injunction; Pre Trial

Legal Issues

  1. 1 ["Whether an interlocutory injunction should be granted to restrain the respondent from making threats of patent infringement proceedings against the applicant's customers and potential customers under s 128(1)(b) Patents Act 1990 (Cth)"]

Ratio Decidendi

The applicant established a prima facie case for a final injunction against threats of infringement proceedings under s 128 of the Patents Act, as there is a serious question to be tried regarding whether its technology infringes the patent, and the balance of convenience favours maintaining the status quo. The interlocutory injunction was granted, with appropriate undertakings and security.

Court Disposition

Interlocutory injunction granted; costs reserved

Orders

  • ["Respondent restrained from, until further order, making any threats of patent infringement proceedings in respect of Australian Patent No. 2019213335 against carpark owners or operators in Australia in respect of use or proposed use of the applicant's products and services, except as carved out by undertaking...