Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606

Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606

The applicant is entitled to default judgment and an injunction against the first respondent under s 122(1) of the Patents Act 1990 (Cth) as the respondent's defaults and the unchallenged pleadings establish the elements of infringement, and all procedural requirements for service and notice have been met.

Parties
Applicant: THE CHAMBERLAIN GROUP, INC; Applicant: CHAMBERLAIN AUSTRALIA PTY LTD (ACN 118 013 362); Respondent: GIANT ALARM SYSTEM CO, LTD; Respondent: AUTOGA CO. LTD; Respondent: CODEEZY PTY LTD (ACN 164 581 391); Respondent: NATIONAL GARAGE REMOTES AND OPENERS PTY LTD (ACN 169 385 479)
Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Application for Default Judgment / Judgment
Outcome
Default judgment granted against the first respondent, injunction granted, and costs ordered in favour of the first applicant.
Legal Topics
Patents, Default Judgment, Injunctions, Practice and Procedure
Intellectual Property Patents Default Judgment Injunctions Practice and Procedure

Case Brief

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Parties

THE CHAMBERLAIN GROUP, INC

Applicant

CHAMBERLAIN AUSTRALIA PTY LTD (ACN 118 013 362)

Applicant

GIANT ALARM SYSTEM CO, LTD

Respondent

AUTOGA CO. LTD

Respondent

CODEEZY PTY LTD (ACN 164 581 391)

Respondent

NATIONAL GARAGE REMOTES AND OPENERS PTY LTD (ACN 169 385 479)

Respondent

Procedural Posture

Application for Default Judgment / Judgment

Legal Issues

  1. 1 Whether default judgment should be granted against the first respondent for patent infringement
  2. 2 Whether an injunction should be granted under s 122(1) of the Patents Act 1990 (Cth)
  3. 3 Whether costs should be ordered against the first respondent

Ratio Decidendi

The applicant is entitled to default judgment and an injunction against the first respondent under s 122(1) of the Patents Act 1990 (Cth) as the respondent's defaults and the unchallenged pleadings establish the elements of infringement, and all procedural requirements for service and notice have been met.

Court Disposition

Default judgment granted against the first respondent, injunction granted, and costs ordered in favour of the first applicant.

Orders

  • The first respondent be restrained during the term of each of the Patents from specified acts within Australia without licence or authority of the first applicant.
  • The first respondent pay the first applicant’s costs of the proceeding as against the first respondent.