Inventions Marketing Pty Ltd v Aqualoc Pty Ltd

In the Supreme Court of Victoria, Justice Ian Thompson considered a dispute between Inventions Marketing Pty Ltd (the applicant) and Aqualoc Pty Ltd (the respondent). The applicant sought an interlocutory injunction to restrain the respondent from infringing its patent rights.

The central legal issue before the court was whether the applicant had established a strong prima facie case of patent infringement, which is a prerequisite for the grant of an interlocutory injunction. This involved a preliminary assessment of the validity of the applicant's patent and whether the respondent's product fell within the scope of the patent claims.

Justice Thompson applied the principles governing the grant of interlocutory injunctions, particularly the requirement for a strong prima facie case of infringement. The court considered the evidence presented by both parties regarding the construction of the patent claims and the alleged infringing product. After reviewing the arguments and evidence, the court concluded that the applicant had not demonstrated a sufficiently strong prima facie case of infringement to warrant the grant of an interlocutory injunction at this stage.

The application for an interlocutory injunction was therefore dismissed.