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G+T secures ‘record court award’ for major patent client
The national law firm has secured a win for one of its top patent filer clients, following a lengthy litigation battle spanning 10 years.
Emma Musgrave
Gilbert + Tobin’s client, Aristocrat, was awarded profits and damages in the Federal Court of Australia on 15 December following a matter involving Konami Australia Pty Limited.
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The matter arose from Konami Australia Pty Limited’s infringement of Aristocrat’s patent over its Hyperlink technology.
In handing down his decision, Justice John Nicholas ordered Konami to pay Aristocrat the sum of almost $36 million, including interest. Aristocrat was also awarded its legal costs, including a portion on an indemnity basis.
“The litigation has been on foot for over a decade,” a statement from Gilbert + Tobin said.
“Aristocrat succeeded in the Federal Court both at first instance and on appeal in finding that Konami had infringed the Hyperlink patent before the court moved to consider the quantum aspects.”
The Gilbert + Tobin team was led by partner John Lee, who worked with lawyers Irini Lantis, Giulia Fimmano, Jennifer Saclley and Connor Jarvis. Counsel for Aristocrat were Tony Bannon SC, Andrew Fox SC and Wen Wu.
Commenting on the matter, Mr Lee said: “We are very pleased to have achieved this result in conjunction with our client Aristocrat.
“In my experience, this is likely to be a record award of compensation for a claim of this type.
“Aristocrat invests considerable resources in research and innovation, and this is an endorsement of its valuable IP.”
Editor’s note: At the time of publishing, Konami had yet to formally indicate if they propose to appeal.
