Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd & Ors Arico Trading International Pty Ltd v Kimberley-Clark Australia Pty Ltd [1998] FCA 1103

Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd & Ors Arico Trading International Pty Ltd v Kimberley-Clark Australia Pty Ltd [1998] FCA 1103

Claims for 'fluid pervious flaps' and 'flaps' were fairly based on the specification, properly construed in context; the invention was novel and non-obvious in light of prior art and applicable law; the patented nappy was useful and not obtained by false suggestion; the respondents' 'BABY SITTER' nappy infringed the...

Source-derived case information.

Parties
Applicant: Kimberly-Clark Australia Pty Limited; First Respondent: Arico Trading International Pty Limited; Second Respondent: Arie Kliger; Third Respondent: Francisco Martin Otero trading as Koala Nappy Express; Cross Claimant: Arico Trading International Pty Limited; Cross Respondent: Kimberly-Clark Australia Pty Limited
Jurisdiction
Australia
Judgment Date
08 September 1998
Procedural Posture
Infringement Proceeding and Cross Claim for Revocation (patents) / Post Trial, Judgment Delivered; Applicant to Bring in Minutes of Orders
Outcome
Applicant succeeds on its claim and cross-claim. Respondents found liable for infringement and authorisation.
Legal Topics
Patent Infringement, Patent Validity, Construction of Patent Claims, Fair Basis, Novelty, Obviousness, Utility, False Suggestion, Authorisation, Interpretation of Words and Phrases
Intellectual Property Patents Patent Infringement Patent Validity Construction of Patent Claims Fair Basis Novelty Obviousness +4 more

Source-derived case record

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 7 Authorities cited 34 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Kimberly-Clark Australia Pty Limited

Applicant

Arico Trading International Pty Limited

First Respondent

Arie Kliger

Second Respondent

Francisco Martin Otero trading as Koala Nappy Express

Third Respondent

Arico Trading International Pty Limited

Cross Claimant

Kimberly-Clark Australia Pty Limited

Cross Respondent

Procedural Posture

Infringement Proceeding and Cross Claim for Revocation (patents) / Post Trial, Judgment Delivered; Applicant to Bring in Minutes of Orders

Legal Issues

  1. 1 Whether claims are fairly based on the specification
  2. 2 Construction of 'fluid pervious' and 'flaps' in patent claims
  3. 3 Novelty in light of prior art (Aziz and Beckestrom patents)

Ratio Decidendi

Claims for 'fluid pervious flaps' and 'flaps' were fairly based on the specification, properly construed in context; the invention was novel and non-obvious in light of prior art and applicable law; the patented nappy was useful and not obtained by false suggestion; the respondents' 'BABY SITTER' nappy infringed the patent, including the added bridging feature; the director authorised infringement within the meaning of s 13 of the Patents Act 1990.

Court Disposition

Applicant succeeds on its claim and cross-claim. Respondents found liable for infringement and authorisation.

Orders

  • Applicant to bring in, on a date to be fixed, short minutes of orders appropriate to be made in the light of reasons of Court.