Baxter IP allied law firm wins defence to patent infringement in the Australian Federal Court

Posted by Baxter IP on

Baxter IP allied law firm wins defence to patent infringement in the Australian Federal Court

Images from Lomax Hoarding and Fencing System

Baxter IP allied law firm recently obtained a win for its client in a Federal Court matter of patent infringement.

The key issue looked at during the three-day trial was whether a support assembly for a hoarding (i.e. the types of barriers used at construction sites to fence off the area of construction from the public) infringed Australian innovation patent no. 2013100057.

The case primarily turned on the proper construction of six features of claim 1 of the ‘057 Patent.  The judgement was a strong victory for the client, as most of the contested integers were found to be absent from the alleged infringing support assembly, and a clear finding of non-infringement was made.

Claims in relation to trade mark, copyright and Australian consumer law were resolved before the trial.


  1. http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/1180.html