Leave Declined in Doug Andrews Patent Case

Clive Elliott QC's Blog

In what is likely to be the final chapter in this long-running patent dispute, the Supreme Court has declined the parties’ applications for leave to challenge the High Court and Court of Appeal findings on infringement and validity.

The judgment of the Court follows:

IN THE SUPREME COURT OF NEW ZEALAND
SC 45/2015 [2015] NZSC 141

BETWEEN DOUG ANDREWS HEATING AND VENTILATION LIMITED AND MULTI KC LIMITED
Applicants
AND WAYNE JAMES DIL
First Respondent

GARY ROY MITCHELL
Second Respondent

G & W IMPORTS LIMITED
Third Respondent

Court: William Young, Arnold and O’Regan JJ
Counsel: C L Elliott QC and A J Pietras for Applicants D L Marriott and C M Fry for Respondents
Judgment: 8 October 2015

JUDGMENT OF THE COURT

A The applications for leave to appeal and cross-appeal are dismissed.

B The applicants are to pay the respondents costs of $5,000 in respect of both applications.

REASONS

[1]…

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