Calidad Pty Ltd v Seiko Epson Corporation (No 2) [2019] FCAFC 168

Calidad Pty Ltd v Seiko Epson Corporation (No 2) [2019] FCAFC 168

It is appropriate to grant injunctions in general form restraining Calidad from infringing claims of the patents in suit, consistent with established precedent and legal principle, and to also grant specific relief directed toward infringing cartridges found by the court, as established infringement warrants broad protection for the patentee.

Parties
First Appellant / First Cross Respondent: Calidad Pty Ltd; Second Appellant / Second Cross Respondent: Calidad Holdings Pty Ltd (ACN 002 105 502); Third Appellant / Third Cross Respondent: Calidad Distributors Pty Ltd (ACN 060 504 234); Fourth Appellant / Fourth Cross Respondent: Bushta Trust Reg; First Respondent / First Cross Appellant: Seiko Epson Corporation; Second Respondent / Second Cross Appellant: Epson Australia Pty Ltd (ACN 002 625 783)
Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Appeal and Cross Appeal / Post Judgment Orders Following Reasons; Appeal Dismissed, Cross Appeal Allowed
Outcome
Appeal dismissed; cross-appeal allowed. Parties to bring in agreed orders reflecting declaratory relief, delivery up of infringing cartridges, injunction in general form restraining Calidad from infringing patent claims, and specific injunction directed to identified cartridges.
Legal Topics
Patents, Injunctions, Declaratory Relief
Intellectual Property Patents Injunctions Declaratory Relief

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Parties

Calidad Pty Ltd

First Appellant / First Cross Respondent

Calidad Holdings Pty Ltd (ACN 002 105 502)

Second Appellant / Second Cross Respondent

Calidad Distributors Pty Ltd (ACN 060 504 234)

Third Appellant / Third Cross Respondent

Bushta Trust Reg

Fourth Appellant / Fourth Cross Respondent

Seiko Epson Corporation

First Respondent / First Cross Appellant

Epson Australia Pty Ltd (ACN 002 625 783)

Second Respondent / Second Cross Appellant

Procedural Posture

Appeal and Cross Appeal / Post Judgment Orders Following Reasons; Appeal Dismissed, Cross Appeal Allowed

Legal Issues

  1. 1 Appropriate form of orders to give effect to judgment
  2. 2 Form and scope of declaratory relief
  3. 3 Form and scope of injunctive relief in patent cases

Ratio Decidendi

It is appropriate to grant injunctions in general form restraining Calidad from infringing claims of the patents in suit, consistent with established precedent and legal principle, and to also grant specific relief directed toward infringing cartridges found by the court, as established infringement warrants broad protection for the patentee.

Court Disposition

Appeal dismissed; cross-appeal allowed. Parties to bring in agreed orders reflecting declaratory relief, delivery up of infringing cartridges, injunction in general form restraining Calidad from infringing patent claims, and specific injunction directed to identified cartridges.

Orders

  • Declaration to identify infringing cartridges in categories 1, 2, 3, and A.
  • Order for delivery up of infringing cartridges.