Hammar Maskin AB v Steelbro New Zealand Limited

Hammar Maskin AB, along with two other appellants, filed an appeal against Steelbro New Zealand Limited in the Court of Appeal of New Zealand. The dispute arose from a patent infringement case concerning New Zealand Patent No. 331591, which related to a support structure. The appellants contended that Steelbro New Zealand Limited infringed their patent rights by manufacturing, selling, and distributing the patented structure within New Zealand. The legal issues before the court involved the validity of the patent claims and whether Steelbro New Zealand Limited had indeed infringed on the appellants' patent rights.

The Court of Appeal addressed the validity of the patent claims and found them to be valid, dismissing Steelbro New Zealand Limited's cross-appeal. The court also upheld the injunction against Steelbro New Zealand Limited and its associated entities from manufacturing, selling, distributing, offering for sale, or marketing the patented structure in New Zealand and overseas. Furthermore, the court ordered the delivery up or destruction of all infringing structures in Steelbro New Zealand Limited's possession, power, or control. However, the court declined to certify the validity of the patent claims as requested, as this was not an order sought in the initial statement of claim. The matter was remitted to the High Court for further proceedings, including the determination of damages or account, with Steelbro New Zealand Limited reserving its rights to appeal against the Court of Appeal's judgment and seek a stay of the High Court proceedings if leave to appeal is granted.