Illinois Tool Works Inc v Airco Fasteners Pty Ltd

Illinois Tool Works Inc (ITW) brought an action against Airco Fasteners Pty Ltd (Airco) for patent infringement in the Federal Court of Australia. ITW, the patent holder, claimed that Airco's fuel cells for use in combustion tools infringed certain claims in ITW's patent. ITW sought declarations of infringement, damages, and an account of profits, among other remedies. In response, Airco denied infringement and argued that the patent was invalid. Following the proceedings, the Court found that Airco's fuel cells did indeed infringe the claims of ITW's patent. The primary point of contention was the interpretation of specific terms in the patent claims, particularly those describing the positioning and function of the metering valve within the fuel cell. The Court concluded that Airco's products met the criteria set out in the patent claims, thus establishing infringement.

Additionally, ITW applied for an extension of time to appeal the Commissioner's decision to allow certain amendments to the patent. The Court dismissed this application, noting that while there is no prescribed time limit for such appeals, the discretionary nature of the relief means that undue delay could justify refusal. The Court also dismissed ITW's application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and its application for an extension of time to lodge the review application, finding no grounds for the relief sought. Finally, the Court dismissed ITW's application for relief under the Judiciary Act 1903 (Cth), observing that the remedies available under that provision are discretionary and that undue delay or the availability of alternative remedies could justify refusal of relief.

The Court ordered that the parties confer and submit orders to give effect to the findings of infringement within 14 days. If the parties could not agree, the matter would be listed for a further case management hearing. The Airco Proceedings were dismissed.