Pacific Enterprises (Aust) Pty Ltd v Bernen Pty Ltd [2014] FCA 1372

Pacific Enterprises (Aust) Pty Ltd v Bernen Pty Ltd [2014] FCA 1372

Judgment for the applicants on the basis of admitted facts and supporting evidence: Bernen Pty Ltd infringed, and Mr Qi (Robert) Li authorised the infringement of, the Casement Winder Patent. Damages calculated by reference to lost profits, surplus stock, retooling, additional costs, and an additional sum for flagrant infringement under s 122(1A).

Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Civil / Judgment After Trial; Interlocutory Steps Discontinued as to One Patent
Outcome
Judgment for the applicants; damages and costs awarded; claim on second patent discontinued
Legal Topics
['patents' 'patent Infringement' 'damages' 'additional Damages' "director's Liability"]
['intellectual Property'] ['patents' 'patent Infringement' 'damages' 'additional Damages' "director's Liability"]

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment After Trial; Interlocutory Steps Discontinued as to One Patent

Legal Issues

  1. 1 ['Whether Bernen Pty Ltd infringed the Casement Winder Patent' "Whether Mr Qi (Robert) Li was liable for authorising Bernen's infringement" 'Assessment of compensatory and additional damages']

Ratio Decidendi

Judgment for the applicants on the basis of admitted facts and supporting evidence: Bernen Pty Ltd infringed, and Mr Qi (Robert) Li authorised the infringement of, the Casement Winder Patent. Damages calculated by reference to lost profits, surplus stock, retooling, additional costs, and an additional sum for flagrant infringement under s 122(1A).

Court Disposition

Judgment for the applicants; damages and costs awarded; claim on second patent discontinued

Orders

  • ['The applicants have leave to file a Notice of Discontinuance with respect to the claim for infringement of the Chainwinder Patent.' 'Each party bear its own costs with respect to the Chainwinder Patent.' 'Judgment against the second respondent for infringement of the Casement Winder Patent.' 'Respondents to pay...