Pacific Enterprises (Aust) Pty Ltd v Bernen Pty Ltd

The matter before the court involved Pacific Enterprises (Aust) Pty Ltd, the plaintiff, and Bernen Pty Ltd, the defendant. The plaintiff sought damages for the infringement of two patents: Australian Innovation Patent No 2013100793 (the Chainwinder Patent) and Australian Innovation Patent No 2013100937 (the Casement Winder Patent). The court also had to determine whether the directors of the defendant company were personally liable for the infringing conduct and whether the plaintiff was entitled to additional damages for flagrant conduct. The dispute was heard in the Federal Court of Australia.

The legal issues before the court were whether Bernen Pty Ltd had infringed the two patents owned by Pacific Enterprises (Aust) Pty Ltd, and if so, whether the directors of Bernen Pty Ltd were personally liable for the infringement. The court also had to consider whether the plaintiff was entitled to additional damages for flagrant conduct and whether the failure to appear by the defendants would have any impact on the proceedings.

The court found that Bernen Pty Ltd had infringed the Casement Winder Patent, but not the Chainwinder Patent. The plaintiff was granted leave to discontinue the claim for infringement of the Chainwinder Patent. The court also held that the directors of Bernen Pty Ltd were not personally liable for the infringing conduct. Regarding the claim for additional damages for flagrant conduct, the court awarded the plaintiff $40,000. The defendants' failure to appear did not affect the outcome of the case, as the court proceeded with the hearing in their absence.

The court ordered that Bernen Pty Ltd pay Pacific Enterprises (Aust) Pty Ltd the sum of $395,487.16, which included $355,487.16 for compensatory damages and $40,000 for additional damages. The court also ordered that the defendants pay the plaintiff's costs of and incidental to the proceedings. The plaintiff was required to calculate and provide the court with a note of the interest payable on the compensatory damages.