Case: Black &amp; Decker Inc v GMCA Pty Ltd (No 2) [2008] FCA 504
Outcome: referred to
Judgment on liability was handed down on 18 April 2008: Black &amp; Decker Inc v GMCA Pty Ltd (No 2) [2008] FCA 504. Subsequently I heard argument as to some aspects of the relief sought. 2 The applicants (collectively B &amp; D) seek, inter alia, the following orders: THE COURT DECLARES THAT: 1. The Respondent has infringed claims 1 and 3 to 8 (inclusive) of Australian Standard Patent No. 757412 ("the Standard Patent") by exploiting in Australia the multi-purpose power saw sold under the name "Tyrannosaw" with Model No. TRM50 ("the Tyrannosaw Mark I"). 2. The Respondent has infringed claims 1 to 6 (inclusive) of the Standard Patent by exploiting in Australia the multi-purpose power saw sold under the name "Tyrannosaw" with Model No. TRM51 ("the Tyrannosaw Mark II"). 3. The Respondent has infringed claims 1 to 5 (inclusive) of Australian Innovation Patent No. 2002100583 ("the Innovation Patent") by exploiting in Australia the Tyrannosaw Mark I. 4. The Respondent has infringed claims 1 to 5 (inclusive) of the Innovation Patent by exploiting in Australia the Tyrannosaw Mark II. THE COURT CERTIFIES THAT: 5. For the purposes of s 19 of the Patents Act 1990 (Cth), the validity of claims 1 to 8 of the Standard Patent was questioned unsuccessfully in these proceedings. 6. For the purposes of s 19 of the Patents Act 1990 (Cth), the validity of claims 1 to 5 of the Standard Patent was questioned unsuccessfully in these proceedings. THE COURT ORDERS THAT: 7. The Respondent whether by itself, its directors, officers, servants or agents or otherwise howsoever during the term of the Standard Patent is restrained from infringing claims 1 to 8 inclusive of the Standard Patent and in particular, from: (a) importing, making, selling, supplying, or otherwise disposing of or offering to make, sell, supply or otherwise dispose of or using or keeping for the purpose of doing any of those things,, the multi-purpose power saw sold under the name "Tyrannosaw" with Model No. TRM 50 ("the Tyrannosaw Mark I"); (b) importing, making, selling, supplying, or otherwise disposing of or offering to make, sell, supply or otherwise dispose of or using or keeping for the purpose of doing any of those things, the multi-purpose power saw sold under the name "Tyrannosaw" with Model No. TRM 51 ("the Tyrannosaw Mark II"); (c) authorising any person to do any act which would be a breach of the injunction referred to 7(a) and (b) above. 3 Senior counsel for GMCA argued that the findings of the Court in relation to the Standard Patent concerned only claim 6, which dealt specifically with a power tool used as a panel saw and a jigsaw (see the full text of the claims of the Standard Patent at [16] of the substantive judgment). 15 Another factor is a rather indulgent attitude often taken towards amendment and adjournment applications, in reliance on Queensland v JL Holdings Pty Ltd [1997] HCA 1 ; (1997) 189 CLR 146. However, there is a limit, as was demonstrated in the present case when Finkelstein J refused GMCA a further adjournment of the trial date. I refused leave to appeal from this decision and an application by GMCA for special leave to appeal to the High Court was dismissed: GMCA Pty Ltd v Black &amp; Decker Inc [2007] HCATrans 662.