Nesbit Evans Group Australia Pty Ltd v Impro Ltd

Case [1997] FCA 1092


FEDERAL COURT OF AUSTRALIA

PATENTS - patent for “invalid lifting device and hoists therefor” - lifting method and forms of mechanical apparatus intended to replace “the nurses’ lift” - construction of claims - whether “parallelogram of forces” an integer - whether absence of forward horizontal force at patient’s knees an integer - construction of integer that lifting arm have a “radius comparable to the average length of a human thigh bone” - purposive construction - infringement - validity and revocation - no question of principle.

Patents Act 1990 (Cth) ss 40, 138

Re Patent GB 2 140 773 in the name of Impro Ltd; ex parte The Helping Hand Company (Ledbury) Ltd, unreported, Chancery Division (Patents Court), Jacob J, 21 April 1997 followed

THE NESBIT EVANS GROUP AUSTRALIA PTY LIMITED v IMPRO LIMITED and ARJO LIMITED

NO NG94 OF 1997

JUDGES:      WILCOX, HILL and LINDGREN JJ
PLACE:        SYDNEY
DATE:          22 OCTOBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG94  of 1997   

ON APPEAL FROM A JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:

THE NESBIT EVANS GROUP AUSTRALIA PTY LIMITED
Appellant

AND:

IMPRO LIMITED
First Respondent

AND

ARJO LIMITED
Second respondent

JUDGES:

WILCOX, HILL AND LINDGREN JJ

DATE:

22 OCTOBER 1997

PLACE:

SYDNEY

THE COURT ORDERS THAT:

  1. The appeal be dismissed.

  1. The appellant pay the respondents’ costs of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG94  of 1997

ON APPEAL FROM A JUDGE OF THE
FEDERAL COURT OF AUSTRALIA

BETWEEN:

THE NESBIT EVANS GROUP AUSTRALIA PTY LIMITED
Appellant

AND:

IMPRO LIMITED
First respondent

AND

ARJO LIMITED
Second respondent

JUDGES:

WILCOX, HILL AND LINDGREN JJ

DATE:

22 OCTOBER 1997

PLACE:

SYDNEY

REASONS FOR JUDGMENT

WILCOX J:  I have read in draft form the reasons for judgment of Lindgren J.  I agree with much he has written but I find myself unable to share his view that the invalid lifting hoists marketed by the appellant, The Nesbit Evans Group Australia Pty Limited, (“Nesbit”), infringe the subject patent, of which the first respondent, Impro Limited, is the registered proprietor and the second respondent, Arjo Limited, the exclusive licensee.  Like my colleague, I will refer to the respondents as “Impro-Arjo”.

My point of departure from Lindgren J is that I think his approach fails to pay proper regard to an essential integer of each of the two claims, numbers 6 and 11, on which the infringement case is based.  Lindgren J has set out the text of those claims.  It is sufficient for my purposes to note that each claim speaks of attachment points to the lifting arm that are “disposed at a radius comparable to the average length of a human thigh bone”.  It is clear from the evidence that the attachment points on both the hoists marketed by Nesbit are so placed as to provide a radius considerably greater than the average length of…

Continue reading Nesbit Evans Group Australia Pty Ltd v Impro Ltd

Sign in free to access the full text

Details
AGLC
Nesbit Evans Group Australia Pty Ltd v Impro Ltd [1997] FCA 1092
Case
[1997] FCA 1092
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Nesbit Evans Group Australia Pty Ltd, the appellant, sought to appeal a decision of the primary judge concerning a dispute over the interpretation and enforcement of a contractual agreement with Impro Ltd, the respondent. The crux of the matter revolved around the enforceability of certain terms within the contract, specifically those relating to confidentiality and non-disclosure agreements. The primary judge had previously ruled in favour of the respondent, determining that the confidentiality clauses were valid and enforceable, and thus dismissing the appellant's claims.

The central legal issues the court had to address were whether the confidentiality and non-disclosure terms within the contract were enforceable and whether there were any circumstances that might render these terms invalid or unenforceable. The court also needed to consider whether there had been any breaches of these terms by the appellant and, if so, what remedies or consequences were applicable under the contract. The appellant argued that the clauses were overly broad and contravened public policy, while the respondent contended that the terms were clear, necessary for protecting its confidential information, and validly included in the contract.

In rendering its decision, the court carefully examined the language of the contract and the context in which the terms were agreed upon. It was established that the terms were explicitly outlined and both parties had demonstrated an understanding and acceptance of them. The court found that the confidentiality clauses were neither overly broad nor against public policy, as they were specifically tailored to protect legitimate business interests. Additionally, the court held that there was no evidence of any breach by the appellant. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.

Orders

Orders of the court

1.

The appeal be dismissed.

2.

The appellant pay the respondents’ costs of the appeal.

Note:

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.