12 Dec 2013
DOUG ANDREWS HEATING AND VENTILATION LIMITED AND MULTI KC LIMITED v WAYNE JAMES DIL [2013] NZHC 3333
- Citation
- [2013] NZHC 3333
- Court
- High Court
Claim 1 must be construed purposively to require that the second part comprises the cooking chamber; a cooker whose lower part already comprises the cooking chamber and where extensions merely extend that existing chamber (the UFO cooker with extensions) does not fall within claim 1 and therefore does not infringe. The defendants failed to establish invalidity for want of novelty or obviousness on the evidence presented. The groundless threats counterclaim failed because proceedings were commenced and the alleged threats were not actionable in the circumstances. Costs awarded to defendants on…