Unilin Beeher BV v Huili Building Materials Pty Ltd (No 2) [2007] FCA 1615

Unilin Beeher BV v Huili Building Materials Pty Ltd (No 2) [2007] FCA 1615

The applicant is entitled to an account of profits from the first, second, third, fourth and sixth respondents for infringement of Australian Patent No 713628, to be calculated without discount for general overheads or 'innocent infringement', as respondents failed to properly account for or prove such deductions or ignorance, and have been on notice at least from 23 February 2005. Profits are to be apportioned according to evidence of sales by each respondent; costs and interest are also awarded against them.

Jurisdiction
Australia
Judgment Date
24 October 2007
Procedural Posture
Civil / Final Judgment on Quantum (account of Profits) After Judgment on Liability
Outcome
Judgment for the applicant against the first, second, third, fourth and sixth respondents for account of profits (including interest); costs ordered against first, second, third, fourth and sixth respondents. Final quantum orders made.
Legal Topics
['patent Infringement' 'account of Profits' 'joinder of Parties' 'indemnity' 'summary Judgment' 'remedies']
['intellectual Property Law' 'patents'] ['patent Infringement' 'account of Profits' 'joinder of Parties' 'indemnity' 'summary Judgment' 'remedies']

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Procedural Posture

Civil / Final Judgment on Quantum (account of Profits) After Judgment on Liability

Legal Issues

  1. 1 ['Assessment and apportionment of account of profits from patent infringement among multiple respondents' 'Application of Patent Act s 122 and s 123 to account of profits' 'Entitlement to costs and interest' 'Whether any further relief or set off available due to cross-claims between respondents']

Ratio Decidendi

The applicant is entitled to an account of profits from the first, second, third, fourth and sixth respondents for infringement of Australian Patent No 713628, to be calculated without discount for general overheads or 'innocent infringement', as respondents failed to properly account for or prove such deductions or ignorance, and have been on notice at least from 23 February 2005. Profits are to be apportioned according to evidence of sales by each respondent; costs and interest are also awarded against them.

Court Disposition

Judgment for the applicant against the first, second, third, fourth and sixth respondents for account of profits (including interest); costs ordered against first, second, third, fourth and sixth respondents. Final quantum orders made.

Orders

  • ['Judgment for the applicant against Huili Building Materials Pty Ltd (first respondent) in the sum of $99,447.15 including interest.' 'Judgment for the applicant against Bao Jia Sun t/as Huili Australia Trading and Gong Dao Zhang t/as Huili Australia Trading (second and third respondents) in the sum of $317,270.22...