19 Jul 2012
STEWART V FRANMARA INC HC AK CIV-2011-404-2584
- Citation
- openlaw-e53087c6_4a33_4796_a299_c0d474f991a9.pdf
- Court
- High Court
The Court assumed jurisdiction to determine alleged infringement of the US patent because the defendant did not contest jurisdiction or challenge the patent's validity; damages are to be quantified under New Zealand law (lex fori) so US remedies for enhanced damages are not available; the Court declined to grant relief under the California statute for which no jurisdictional basis was shown.
- Patent infringement
- Breach of confidentiality
- Jurisdiction to adjudicate foreign patents
- Choice of law for damages (lex fori)
- Enhanced damages (wilful infringement)
- Enforcement of foreign statutory claims