Benjamin Gardiner KC

Trista Technology Pty Ltd v Idealcorp Pty Ltd (QUD67/2021, Greenwood J) – unled – patent infringement – ongoing.

The Sy-Klone Company LLC v Tracs (Qld) Pty Ltd (QUD46/2021, Greenwood J) – led by Neil Murray SC – patent infringement – ongoing.

C.M.E. Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd (SAD43/2020, Besanko J) – led by Ed Heerey QC – patent infringement and validity – ongoing.

C.M.E. Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd [2021] FCA 160 – unled – application for security for costs in patent infringement proceeding.

Daryl Patrick Norton v Aussie Concrete Products Pty Ltd (QUD386/2019, Greenwood J) – led by Tom Cordiner QC – patent infringement and validity – ongoing.

Advanta Seeds Pty Ltd v Commissioner of Patents (AAT 2020/8517) – led by John Hennessy SC – administrative review of refusal of extension of time to renew patent – ongoing.

Phoenix Contact GmbH & Co KG v Pivot Electronics Pty Ltd [2020] APO 35 – unled – patent opposition – novelty – inventive step.

Global Fruit Protection Pty Ltd v Mount Somerset Pty Ltd QUD462/2018 – unled – opposed to David Logan QC – patent infringement – cross-claim for invalidity – settled after mediation.

Global Fruit Protection Pty Ltd v Mount Somerset Pty Ltd [2019] FCA 1264 – unled – opposed to David Logan QC – application for leave to amend pleadings.

ESCO Australia Holdings Pty Ltd v CQMS Pty Ltd (VID63/2019) – led by Ed Heerey QC – patent infringement and validity – novelty – inventive step – best method – utility – unjustified threats – authorisation – settled shortly before trial.

Liberation Developments Pty Ltd v Lomax Group Pty Ltd (2019) 144 IPR 413 – led by Tom Cordiner QC – patent infringement & validity – trade mark infringement & validity – breach of Australian Consumer Law – unjustified threats – personal liability of respondent directors.

Liberation Developments Pty Ltd v Lomax Group Pty Ltd [2018] FCA 842 – unled – opposed to Anthony Franklin SC and David Larish – patents – leave sought to press cross-claim and to file late evidence.

Resmed Limited v Fisher and Paykel Healthcare Limited – led by Ed Heerey QC – High Court of New Zealand CIV No 216-404-1968 – patent infringement and validity – 3 patents in suit in relation to masks and headgear for use with CPAP machines – settled prior to trial.

CSR Building Products Ltd v United States Gypsum Company [2017] APO 64 – led by Ed Heerey QC – opposed to Neil Murray – patent opposition – construction – clarity – inventive step.

Sportsbet Pty Ltd v Diogenes Ltd [2017] APO 60 – unled – patent opposition – invalidity – inventive step – utility – manner of manufacture.

Aussie Concrete Products Pty Ltd v Norton QUD 196/2017 – unled – defence of application to have patent revoked pursuant to s 138 of the Patents Act 1990 (Cth) – settled prior to trial with payment of indemnity costs.

Mineral Technologies Pty Ltd v Orekinetics Investments Pty Ltd [2015] APO 23 – unled – patent opposition – novelty – inventive step – method of manufacture.

AstraZeneca AB v Alphapharm Pty Ltd VID876 of 2013 – led by Colin Golvan QC – pharmaceutical patent dispute.

Ranbaxy Laboratories Ltd v AstraZeneca AB (2013) 101 IPR 11 – led by Tony Bannon SC with Ben Fitzpatrick – pharmaceutical patent dispute – three patents – issues of infringement and invalidity.

Uber Technologies Inc v Uber Geeks Pty Ltd (NSD93/2021, Yates J) – unled – removal of trade mark for non-use – appeal from Australian Trade Marks Office – ongoing.

The a2 Milk Company Ltd v Open Country Dairy Ltd (NSD1743/2019, Bromwich J) – unled – opposed to Richard Cobden SC and Laura Thomas – appeal from the Australian Trade Marks Office – ongoing.

Austin John Watson v Cosmetic Warriors Ltd (QUD72/2020, Greenwood J) – unled – removal of trade mark for non-use – appeal from the Australian Trade Marks Office – ongoing.

Re QWB Residential Precinct Operations [2021] ATMO 2 – unled – ex parte application following rejection of trade mark.

Verge Design Ltd v Romani Clothing Co [2020] ATMO 1 – unled – opposed to Ian Horak – trade mark opposition.

Star Television Productions Ltd v Star Entertainment Group Ltd [2019] ATMO 163 – unled – application for removal of a trade mark for non-use.

Calico Global Pty Ltd v Calico LLC [2018] FCA 2096 – unled – opposed to John Hennessy SC and Angus Lang – two appeals from decisions of the Registrar of Trade Marks.

JBS Australia Pty Ltd v Australian Meat Group Pty Ltd (2017) 128 IPR 398 – led by Ed Heerey QC – trade mark infringement – passing off – breach of the ACL.

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1241 – led by Pat O’Shea QC – subpoenas – privilege – trade mark attorney privilege.

Home Sweet Loans Pty Ltd v Members Equity Bank Limited QUD 399 of 2016 – unled – trade mark infringement – whether use “as a trade mark” – settled after mediation.

Business Strategies International Pty Ltd v British Standards Institution [2016] ATMO 9 – unled – trade marks – application for removal of a trade mark for non-use.

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 746 – unled – opposed to Pat O’Shea QC and Andrew Musgrave – costs – apportionment of costs where neither party wholly successful.

Target Australia Pty Ltd v Catchoftheday.com.au Pty Ltd [2015] ATMO 54 – unled – trade mark opposition – parody – whether applicant’s mark likely to mislead or deceive.

Chernae Noonan v Benefit Cosmetics LLC [2015] ATMO 17 – unled – trade marks opposition – appeal (VID100/2015) settled at mediation.

Roebuck v News Limited (2014) 105 IPR 459 – unled – trade marks opposition.

Feggari Pty Ltd v ModelCo Pty Ltd (VID 387 of 2013) – unled – trade mark infringement, passing off claim – cross-claim for invalidity – settled at mediation.

Australian Postal Corporation v Digital Post Australia Pty Ltd (No 2) (2012) 293 ALR 369 – led by Colin Golvan QC – trade mark infringement, passing off, breach of ACL.

Seek Ltd v GMO (WA) Pty Ltd [2012] ATMO 25 – unled – trade mark opposition.

Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (No 2) [2011] FCA 283– led by Ed Heerey – costs, indemnity costs following formal offer of compromise.

Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (2010) 191 FCR 297 – led by Ed Heerey – trade mark infringement, passing off, Part V TPA.

Dimokranitis v Exotic Limo Pty Ltd [2010] ATMO 69 – unled – trade mark opposition.

Liquideng Farm Supplies Pty Ltd v Liquid Engineering 2003 Pty Ltd (2009) 79 IPR 437 – led by Ed Heerey – Full Court appeal concerning the principles to be applied when assessing an account of profits in context of trade mark infringement.

Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228 – led by Andrew Crowe QC – appeal to the Full Court – copyright – co-ownership – revocation of licence.

Chhabra v McPherson as Trustee for the McPherson Practice Trust (No 2) [2019] FCA 448 – led by Andrew Crowe QC – costs – offer of compromise – indemnity costs.

Chhabra v McPherson as Trustee for the McPherson Practice Trust (2018) 138 IPR 1 – led by Andrew Crowe QC – opposed to Michael Green SC and Rebecca White – copyright infringement – passing off – breach of Australian Consumer Law.

Whitsunday Aerial Solutions Professionals Pty Ltd v Emprja Pty Ltd BRG603/2018 – unled – copyright infringement – judgment reserved.

Naiad Design Limited v Woody Marine Pty Ltd BRG 948 of 2014 – unled – breach of copyright in boat design – trade mark infringement – passing off – breach of confidence – breach of ACL – settled at mediation.

Ron Englehart Pty Ltd v Enterprise Constructions (Australia) Pty Ltd (2012) 95 IPR 64 – led by Colin Golvan QC – Full Court appeal concerning copyright in building plans.

Trisco Foods Pty Ltd v Peter Skarshewski (QUD366/2020) – unled – application for discovery from prospective respondent – potential actions for breach of confidence, breach of employment contract and under s 36 of the Patents Act 1990 (Cth) – settled at mediation.

Complete Technology Integrations Pty Ltd v Green Energy Management Solutions Pty Ltd [2011] FCA 1319 – unled – summary judgment – breach of employment contract, trade mark infringement, copyright infringement, breach of confidence, joint tortfeasorship of directors.

Bostik Australia Pty Ltd v Construction Technologies Australia Pty Ltd (VID322 of 2011) – led by Ed Heerey – trade mark infringement, infringement of copyright, breach of contract, breach of contract, passing off, breach of trade practices legislation, joint tortfeasorship – settled at mediation.

SPEL Environmental Pty Ltd v IES Stormwater Pty Ltd (QUD36/2021) – unled – application for discovery from prospective respondent – settled.

Alzheimer’s Association of Queensland Inc v Dementia Australia Ltd (QUD645/2018) – unled – breach of Australian Consumer Law – settled.

Sambazon, Inc v Amazonia Pty Ltd VID 464/2018 – unled – opposed to Luke Merrick – breach of ACL – settled after mediation.

Tatts Group Ltd v Lottoland Australia Pty Ltd QUD 634 of 2016 – led by Andrew Crowe QC – trade mark infringement, breach of ACL – cross-claim alleging invalidity of registered marks – settled at mediation.

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 890 – unled – application to issue international subpoenas to foreign corporations.

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 664 – unled – application for substituted service.

Fletcher v Nextra Australia Pty Ltd (2015) 229 FCR 153 – led by Colin Golvan QC – Full Court appeal - consumer law – representations made in online blog – whether in trade or commerce – whether representations of fact or opinion.

NQ Group Pty Ltd v CQ Group Australia Pty Ltd [2014] FCA 317 – unled – passing off - discovery dispute – relevance of respondent's intention.

Hillbrick Bicycles Pty Ltd v F45 Training Pty Ltd [2017] FCA 1089 – unled – security for costs.

Madden v Seafolly Pty Ltd (2014) 313 ALR 1 – led by Colin Golvan QC – Full Court appeal – trade practices – defamation.

Mondelez Australia Pty Ltd v The Natural Cordial Company Pty Ltd VID 952 of 2013 – unled – opposed to Ed Heerey – trade mark infringement, passing off, breach of Australian Consumer Law – cross-claim for invalidity of trade mark – settled at mediation.

Seafolly Pty Ltd v Madden (2012) 98 IPR 389 – led by Colin Golvan QC – injurious falsehood, defamation, breach of TPA, copyright infringement.

Groupon Inc v Scoopon Pty Ltd VID 655 of 2010 – led by Colin Golvan QC – breach of trade practices legislation, passing off.

Nutrientwater Pty Ltd v Baco Pty Ltd (2010) 265 ALR 140 – led by Colin Golvan QC, with Ed Heerey – passing off, breach of Part V of the TPA.

Xiadong Chen v Minister for Immigration and Citizenship (AAT 245 of 2011) – application for review of decision to refuse grant of Australian citizenship on character grounds – orders made by consent setting decision aside and remitting matter to original decision-maker for further consideration pursuant to s 42C of the Administrative Appeals Tribunal Act 1975 (Cth).

Minister for Immigration and Citizenship v DNCW [2011] FCA 806 – judicial review – Minster cancelled applicant’s visa pursuant to s 501 of the Migration Act 1958 (Cth) – applicant sought merits review – decision to cancel visa set aside by Administrative Appeals Tribunal– whether the Administrative Appeals Tribunal committed jurisdictional error.

DNCW v Minister for Immigration and Citizenship (2010) 117 ALD 192 – visa cancellation – substantial criminal record - fails to pass character test –– discretion to cancel - whether cancellation in the national interest – whether Applicant part of Australian community - Direction 21 – balancing of primary and other considerations.