Load and Move Pty Ltd v Container Rotation Systems Pty Ltd [2016] FCA 843

Load and Move Pty Ltd v Container Rotation Systems Pty Ltd [2016] FCA 843

It is not reasonable to believe that a contract for sale of goods manufactured outside Australia, never entering Australia, and delivered abroad, even if arranged or paid for by an Australian entity, constitutes an infringement of an Australian patent, as the act of 'exploiting' the invention must occur within the patent area pursuant to the Patents Act 1990 (Cth).

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Application for Preliminary Discovery Under R 7.23 Federal Court Rules 2011 (cth) / Judgment on Originating Application for Preliminary Discovery
Outcome
Originating application for preliminary discovery dismissed; costs order against applicant
Legal Topics
['patent Infringement' 'preliminary Discovery' 'sale of Goods Outside Patent Area']
['intellectual Property' 'patents'] ['patent Infringement' 'preliminary Discovery' 'sale of Goods Outside Patent Area']

Case Brief

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Procedural Posture

Application for Preliminary Discovery Under R 7.23 Federal Court Rules 2011 (cth) / Judgment on Originating Application for Preliminary Discovery

Legal Issues

  1. 1 ['Whether sale of goods manufactured in China but arranged by Australian vendors for overseas shipment constitutes infringement of Australian patent under the Patents Act 1990 (Cth)' 'Whether it is reasonable to believe the applicant may have the right to obtain relief for patent infringement where goods never entered Australia']

Ratio Decidendi

It is not reasonable to believe that a contract for sale of goods manufactured outside Australia, never entering Australia, and delivered abroad, even if arranged or paid for by an Australian entity, constitutes an infringement of an Australian patent, as the act of 'exploiting' the invention must occur within the patent area pursuant to the Patents Act 1990 (Cth).

Court Disposition

Originating application for preliminary discovery dismissed; costs order against applicant

Orders

  • ['The originating application by the prospective applicant for discovery, filed on 22 December 2015, be dismissed.' "The prospective applicant pay 75% of the prospective respondents' costs."]