Multisteps Pty Limited v Source and Sell Pty Limited (No 2) [2013] FCA 844

Multisteps Pty Limited v Source and Sell Pty Limited (No 2) [2013] FCA 844

The respondent infringed the applicant’s first patent and the registered design; claims 1 to 4 of the second patent are invalid for lack of an innovative step; applicant is entitled to tailored discovery for relief calculations and preliminary orders, including declarations, injunctions, and orders for discovery, are warranted.

Parties
Applicant: Multisteps Pty Limited; Respondent: Source and Sell Pty Limited
Jurisdiction
Australia
Judgment Date
20 August 2013
Procedural Posture
Intellectual Property Patents and Designs / Post Liability, Relief and Remedies, Orders Following Reasons for Judgment
Outcome
Declarations of infringement and invalidity, injunction granted on design, revocation of patent claims 1-4, discovery ordered, mediation directed, costs reserved, case adjourned.
Legal Topics
Patent Infringement, Designs Act, Invalidity of Patent, Remedies for Infringement, Discovery for Relief Calculation
Intellectual Property Patent Infringement Designs Act Invalidity of Patent Remedies for Infringement Discovery for Relief Calculation

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Parties

Multisteps Pty Limited

Applicant

Source and Sell Pty Limited

Respondent

Procedural Posture

Intellectual Property Patents and Designs / Post Liability, Relief and Remedies, Orders Following Reasons for Judgment

Legal Issues

  1. 1 Whether the respondent infringed the applicant's patent and registered design
  2. 2 Whether claims 1-4 of the second patent are invalid for lack of an innovative step
  3. 3 Appropriate relief and orders, including discovery and injunction

Ratio Decidendi

The respondent infringed the applicant’s first patent and the registered design; claims 1 to 4 of the second patent are invalid for lack of an innovative step; applicant is entitled to tailored discovery for relief calculations and preliminary orders, including declarations, injunctions, and orders for discovery, are warranted.

Court Disposition

Declarations of infringement and invalidity, injunction granted on design, revocation of patent claims 1-4, discovery ordered, mediation directed, costs reserved, case adjourned.

Orders

  • Declaration: Respondent infringed Patent No. 2008100153 (first patent) by importing, selling and supplying specified containers.
  • Declaration: Claims 1-4 of Patent No. 2009100783 (second patent) are invalid for lack of an innovative step.