Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 (05 July 2019) (Greenwood, Jagot and Yates JJ)


Catchwords:


PATENTS – appellants/cross-respondents (“Calidad”) importers and sellers of printer cartridges modified or “repurposed” by a third party – first respondent – first cross-appellant (“Seiko Epson”) the patentee of two patents in suit said to have been infringed by Calidad’s conduct – consideration of the doctrine of implied licence – consideration of the scope and content of any licence implied by law – consideration of the doctrine of repair – consideration of the nature, type and degree of modifications made to the original Seiko Epson cartridges by the third party modifier – consideration of whether the modifications fall within the scope and content of any implied licence – consideration of whether the modifications fall within the notion of repairs to “the product” sold by the patentee or its agents – consideration of whether the modifications amount to a “making” of a new product