Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd

Australian Mud Company Pty Ltd, the registered owner of a patent, and Globaltech Corporation Pty Ltd, the exclusive licensee, brought an action against various respondents alleging infringement of the patent titled Core Sample Orientation. The dispute was heard in the Federal Court of Australia, where the primary issues were the validity of the patent claims, whether the respondents had infringed those claims, and the entitlement to additional damages under the Patents Act 1990 (Cth). The court had to consider the proper construction of the claims in suit, assess the inventive step and novelty of the claims, and determine the entitlement to additional damages.

The court began by examining the construction of the patent claims, considering the person skilled in the art, the field of the invention, and the common general knowledge. The court found the claims to be clear and to have a fair basis, and they were deemed to have utility. The respondents challenged the validity of the claims on several grounds, including a lack of novelty and inventive step. The court concluded that the priority date of the claims was valid and that they were not lacking in novelty or inventive step. The respondents' argument that the common general knowledge included information outside the scope of s 7(3) of the Patents Act was rejected.

The court further considered the respondents' infringement of the patent claims. It found that each respondent had indeed infringed the claims in suit. The final issue was the entitlement to additional damages under s 122(1A) of the Patents Act. The court determined that while the applicants were entitled to additional damages, the quantum of those damages was not to be determined at that stage of the proceedings. The applicants were ordered to file and serve draft minutes of order within seven days, reflecting the court's conclusions.

The court's final orders included the requirement for the applicants to file and serve draft minutes of order within seven days, reflecting the conclusions that the claims in suit were valid, had been infringed by the respondents, and that the applicants were entitled to additional damages, subject to the quantum being determined later. The entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011.