Medrad Inc v Alpine Pty Ltd

In the Federal Court of Australia, Medrad Inc, a global manufacturer of medical devices, sought relief against Alpine Pty Ltd for the alleged infringement of certain patents related to CT contrast injector systems. The patents in question were held by Medrad and exclusively used in Australia by its subsidiary, Imaxeon. The dispute centred on the sale of syringes by Alpine for use in CT contrast injector systems, which were supplied by Medrad's subsidiary for CT imaging purposes. The primary issue before the court was whether an interlocutory injunction should be granted to prevent Alpine from continuing its alleged infringing activities. The court had to determine whether Medrad had established a serious question to be tried concerning the infringement of its patents and whether the balance of convenience favoured granting an interlocutory injunction.

The court addressed the principles governing the grant of interlocutory relief, noting that applicants must demonstrate a serious question to be tried and that the balance of convenience favours granting an interlocutory injunction. The court highlighted that the practice of refusing interlocutory injunctions in patent cases where the validity of the patent is challenged had evolved, as the legislative requirements for patent grants had become more stringent and included opposition proceedings before grant. The court found that Medrad had made out a prima facie case of patent infringement and that the balance of convenience favoured granting the interlocutory injunction. The court also considered the potential harm to Medrad if the injunction were not granted and the adequacy of damages as a remedy.

The Federal Court granted the interlocutory injunction, finding that Medrad had established a serious question to be tried regarding the infringement of its patents and that the balance of convenience favoured granting the injunction. The court ordered that a trial be fixed for 22 February 2010, with an estimated duration of 4 days. Additionally, the court directed the parties to file and serve short minutes of orders and short submissions on costs by 27 August 2009.