RAM Spreaders has won a court case against AMMESA, over allegations that RAM and its patent company, NSL Engineering, had infringed the innovation patent for AMMESA’s Rotainer product.
In 2014, AMMESA alleged that THE RAM REVOLVER infringed its innovation patent.
These claims have now been rejected by the Federal Court of Australia, which found that the RAM Revolver does not infringe the Rotainer patent and that AMMESA had made unjustified threats in claiming infringement. AMMESA is now restrained from asserting infringement.
The court also found that AMMESA made unjustified threats when it wrote to RAM’s clients and partners claiming the RAM Revolver infringed its patent and engaged in misleading and deceptive conduct under the Australian Consumer Law.
Deliberating the evidence brought before the court, the judge concluded in the written judgment the following finding:
- The judge reached a verdict of non-infringement of claim 1 of the innovation patent, being the broadest claim, and held that AMMESA’s threats in respect of the RAM Revolver product were unjustified. The judgment puts a restraint on AMMESA from representing that the RAM Revolver infringes AMMESA’s innovation patent.
- In respect to the findings under section 18 of the Australian Consumer Law, the judge carefully analysed the letters of demand sent by AMMESA’s patent attorney to customers and partners of NSL/RAM Spreader entities and found that, by sending the letters, AMMESA engaged in misleading conduct and therefore is in breach of section 18 of the Australian Consumer Law.
The court ordered AMMESA to pay the majority (>90%) of the legal costs that have been incurred by NSL/RAM.
Learning about the successful judgment Philip Lee, CEO of RAM Spreaders commented: “We are pleased to have such an emphatic judgment of non-infringement in this patent case against AMMESA/Rotainer. We are happy to put this legal action in the past and continue to focus on our customers without the threat of any further misleading conduct.”
Read the article online at: https://www.drybulkmagazine.com/material-handling/14102016/ram-spreaders-wins-court-case-against-ammesa/