FOR IMMEDIATE RELEASE
Friday, 1March 2013
Breezway wins patent infringement case
A win for Australian ingenuity
Following a lengthy legal process, Breezway Australia Holdings Pty Ltd now has a decision from the Federal Court of Australia regarding the infringement of its patent for the highly successful Altair® LouvreWindow product.
Breezway claimed that the Fresair Premium louvre manufactured by Preference Manufacturing Pte Ltd of Singapore infringed 10 of the 11 claims of this patent.
Breezway Australia Holdings brought a Federal Court action against Preference Manufacturing of Singapore, its Australian operation Preference Manufacturing (Aust) Pty Ltd and its Australian distributor LGI Australia Pty Ltd.
On 11thFebruary 2013 Justice McKerracher of the Federal Court gave his decision on the patent infringement case and the Preference companies’ allegation the Breezway patent was not valid.
Justice McKerracher ruled the Breezway louvre patent valid and rejected all of Preferences claims. His Honour upheld all of Breezway’s infringement claims. The Preference Premium clip was found to infringe 10 of the 11 claims.
His Honour acknowledged the expert assistance given to the Court by Glenn Bevan of Infinity Design in reaching his decision.
Final orders requiring the removal of Fresair Premium louvre clips by the Preference companies and LGI from the Australian marketplace have yet to be made by the Court. The Court has said it will be making the final orders shortly once it determines the level of the costs to be awarded to Breezway.
Final orders for damages against the Preference companies and LGIwill be determinedby the Court at the same time. Mr David Brogan, CEO of Breezway, said he expects the damages and cost claims will run into several hundred thousand dollars plus interest.
“I am proud to see an Australian company successfully defending its intellectual property against an imported product.” Mr Brogan said.
Mr Brogan goes on to state “I am very pleased with the result as it reinforces the strength of Breezway’s intellectual property and I would like to thank Ken Philp of Bennett & Philp for legal advice throughout the duration of this court case”.
The result of this case is not only a great win for Breezway Australia, but a win for all reputable Australian companies who invest a great deal into the design and development of innovative technologies.
…ENDS….
For further information about this court case or an interview please contact:
David Brogan
CEO of Breezway
Phone: 07 3847 0501
Mobile: 0418 976 318
Email:
For further product information or imagery please contact:
Liz Creagh
Communications Manager
Phone: 07 3847 0532
Email:
About Breezway Australia
Breezway Australia has been designing and manufacturing louvre windows from its Brisbane base since 1947.The company has led the resurgence of louvre windows over the last ten years and placed considerable investment in Research and Development over this time.
The inventions in the infringed patent and others have led to today’s high performance, architecturally focussed Altair Louvre Window products. These louvre window innovations also hold international patents and the company now exports to a large number of countries around the world.
Breezway’s products are the Louvre Window of choice for Australia’s leading window and door manufacturers. The business takes great pride in operating as a world class business, delivering top quality products and exceptional customer services to a wide range of customers in Australia and further abroad. As a result, the company has been recognised for outstanding performance and has received a number of prestigious awards such as “Supplier of the Year” and “Most Innovative Window System”.
Breezway Australia is a privately owned Australian business and maintains a direct presence in Brisbane, Perth, Darwin, Townsville, Sydney, Melbourne, Auckland, Hawaii and Malaysia. Some of these local offices hold stock and have some manufacturing capabilities. Breezway employs 120 staff in Australia and at its head office and manufacturing facility in Brisbane.
Breezway Altair Louvre Windows are fully compliant with Australian Standard 2047 ‘Windows in Buildings’ and have featured in many high profile projects throughout the country.
About Infinity Design
Infinity Design is a product development company specialising in industrial design and the development of innovative products for manufacture.
The company provides a range of expert services, based on innovation and creating valuable and protectable Intellectual Property for their clients. To date, Infinity Design has produced 700 product innovations in array of areas for projects in Australia and International markets.
Infinity Design has been recognised for their innovative work through a number of design awards including the Australian International Design, the Design Institute of Australia and Iken.
About Bennett & Philp Lawyers
Bennett & Philp is a reputable and well respected mid-tier law firm based in Brisbane. Established in 1984, the company provides professional legal services to businesses, individuals and government bodies located in Australia and overseas.
Bennett & Philp has a dedicated team who acquire a variety of specialist skills in their respective areas of practice. The four core areas of specialisation include business and commercial, intellectual property, litigation and personal legal services.
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