Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd [1999] FCA 898

Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd [1999] FCA 898

The Burke patent was not anticipated as none of the prior advertisements disclosed all essential integers, particularly the simple rope release method; the identified inventor was not shown to have merely copied prior art; Ramset’s supply of nearly complete devices, accompanied with instructions and promotion for infringing use, constituted procurement of infringement; and on damages, where infringement is established but precise loss is hard to quantify, estimation based on principles of fairness is sufficient. Ramset’s failure to warn customers of the risk of infringement amounted to misleading conduct under s 52 of the Trade Practices Act.

Parties
Appellant and Cross Respondent: Ramset Fasteners (Aust) Pty Limited; First Respondent and First Cross Appellant: Advanced Building Systems Pty Limited; Second Respondent and Second Cross Appellant: The Burke Company
Jurisdiction
Australia
Judgment Date
05 July 1999
Procedural Posture
Appeal and Cross Appeal / On Remitter From High Court to Full Federal Court for Determination of Remaining Grounds and Cross Appeal Following High Court's Allowance of Appeal
Outcome
Appeal dismissed; cross-appeal upheld in part; finding of validity and infringement; damages to be determined at new trial; parties to bring in minutes of orders.
Legal Topics
Patents—validity (novelty, Inventorship), Patent Infringement, Damages for Patent Infringement, Contravention of S 52 Trade Practices Act (misleading or Deceptive Conduct)
Intellectual Property Trade Practices Patents—validity (novelty, Inventorship) Patent Infringement Damages for Patent Infringement Contravention of S 52 Trade Practices Act (misleading or Deceptive Conduct)

Case Brief

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Parties

Ramset Fasteners (Aust) Pty Limited

Appellant and Cross Respondent

Advanced Building Systems Pty Limited

First Respondent and First Cross Appellant

The Burke Company

Second Respondent and Second Cross Appellant

Procedural Posture

Appeal and Cross Appeal / On Remitter From High Court to Full Federal Court for Determination of Remaining Grounds and Cross Appeal Following High Court's Allowance of Appeal

Legal Issues

  1. 1 Whether the Burke patent was anticipated by prior publications (novelty)
  2. 2 Whether Mr Holt was the actual inventor under the Patents Act 1952
  3. 3 Whether Ramset infringed the Burke patent by supply of components and promoting infringing use

Ratio Decidendi

The Burke patent was not anticipated as none of the prior advertisements disclosed all essential integers, particularly the simple rope release method; the identified inventor was not shown to have merely copied prior art; Ramset’s supply of nearly complete devices, accompanied with instructions and promotion for infringing use, constituted procurement of infringement; and on damages, where infringement is established but precise loss is hard to quantify, estimation based on principles of fairness is sufficient. Ramset’s failure to warn customers of the risk of infringement amounted to misleading conduct under s 52 of the Trade Practices Act.

Court Disposition

Appeal dismissed; cross-appeal upheld in part; finding of validity and infringement; damages to be determined at new trial; parties to bring in minutes of orders.

Orders

  • Respondents and cross-appellants to bring in, on a date to be fixed, short minutes of orders appropriate to be made in light of these reasons.
  • New trial limited to question of damages.