Excesses of innovation patent damages pulled back

In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the date from which infringement of an innovation patent can occur. One of the unusual implications of the earlier decision was that a divisional innovation patent could be infringed before it was published, or even filed. The

Big damages award for unjustified threat overturned on appeal by Full Federal Court

The Full Court of the Federal Court of Australia reversed a decision awarding substantial damages for an unjustified threat in long-running litigation: Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 (17 March 2017). The primary judge had held that the respondents (Coretell) had not infringed the patent of Australian Mud Company (AMC) and