Kimberley-Clark Australia Pty Ltd v Arico Trading International Pty Ltd & Ors [1995] FCA 1101

Kimberley-Clark Australia Pty Ltd v Arico Trading International Pty Ltd & Ors [1995] FCA 1101

There are serious issues to be tried regarding both infringement and validity, but the balance of convenience does not favour granting interlocutory relief as the potential damage to the respondents outweighs that to the applicant, and undertakings have been made to preserve relevant records.

Parties
Applicant: Kimberley-Clark Australia Pty Limited; First Respondent: Arico Trading International Pty Limited; Second Respondent: Mr Arie Kliger; Third Respondent: Francisco Martin Otero t/as Koala Nappy Express
Jurisdiction
Australia
Judgment Date
30 November 1995
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (application for Interlocutory Relief)
Outcome
Application for interlocutory relief dismissed
Legal Topics
Patent Infringement, Interlocutory Injunctions, Validity of Patent, Balance of Convenience
Intellectual Property Patents Patent Infringement Interlocutory Injunctions Validity of Patent Balance of Convenience

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Parties

Kimberley-Clark Australia Pty Limited

Applicant

Arico Trading International Pty Limited

First Respondent

Mr Arie Kliger

Second Respondent

Francisco Martin Otero t/as Koala Nappy Express

Third Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (application for Interlocutory Relief)

Legal Issues

  1. 1 Whether there is a serious issue to be tried as to infringement of the patent
  2. 2 Whether there is a serious issue to be tried as to the validity of the patent
  3. 3 Whether the balance of convenience favours granting interlocutory relief

Ratio Decidendi

There are serious issues to be tried regarding both infringement and validity, but the balance of convenience does not favour granting interlocutory relief as the potential damage to the respondents outweighs that to the applicant, and undertakings have been made to preserve relevant records.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • The application for interlocutory relief be dismissed.
  • Costs be the respondents' costs in the cause.