24 Jun 2010
INVERNESS MEDICAL INNOVATIONS, INC. AND ANOR V MDS DIAGNOSTICS LIMITED AND ANOR HC AK CIV 2007-404-748
- Citation
- openlaw-0bdf12e4_849b_4b26_946d_64aca3f149bc.pdf
- Court
- High Court
The Court found Inverness acquired ownership of the Unipath and Acon copyright works by the acquisition agreements; the drawings met the originality threshold; MDS (through Phamatech manufacture and importation) copied a substantial part of those works (directly or via products) and issued infringing copies to the New Zealand public; Dr Appanna had knowledge/reason to believe and personally authorised and procured the infringing imports and sales and is personally liable; s75 did not apply because manufactured strips are three‑dimensional; damages were assessed by applying a market royalty (5…