Black & Decker Inc v GMCA Pty Ltd (No 5) [2008] FCA 1738

Black & Decker Inc v GMCA Pty Ltd (No 5) [2008] FCA 1738

The figures for T1 and T2 could be disentangled. GMCA made profits on some infringements and losses on others, and in an account of profits it was required to disgorge the profits made on the T1 infringements without setting off losses from T2 or amalgamating profits and losses across years.

Jurisdiction
Australia
Judgment Date
20 November 2008
Procedural Posture
Intellectual Property – Patent Infringement – Account of Profits / Determination of Pecuniary Relief After Finding of Patent Infringement and Election of an Account of Profits
Outcome
Judgment for the Applicants in the sum of $77,275.10, with costs.
Legal Topics
['patent Infringement' 'account of Profits' 'set Off of Losses' 'infringing Products' 'assessment of Profits']
['intellectual Property' 'patents' 'equitable Remedies'] ['patent Infringement' 'account of Profits' 'set Off of Losses' 'infringing Products' 'assessment of Profits']

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Procedural Posture

Intellectual Property – Patent Infringement – Account of Profits / Determination of Pecuniary Relief After Finding of Patent Infringement and Election of an Account of Profits

Legal Issues

  1. 1 ['Whether GMCA was entitled to set off losses made on sales of T2 against profits made on sales of T1.' 'Whether profits and losses should be amalgamated over all the years in question.']

Ratio Decidendi

The figures for T1 and T2 could be disentangled. GMCA made profits on some infringements and losses on others, and in an account of profits it was required to disgorge the profits made on the T1 infringements without setting off losses from T2 or amalgamating profits and losses across years.

Court Disposition

Judgment for the Applicants in the sum of $77,275.10, with costs.

Orders

  • ['Judgment for the Applicants shall be entered forthwith against the Respondent in the sum of $77,275.10 (which sum excludes any interest to which the Applicants may be entitled under section 51A of the Federal Court of Australia Act 1976), such sum to be payable forthwith.' "The Respondent shall pay the Applicants'...