The existence of mere 'difference' or 'impedance' is not sufficient to found a claim for damages. The claimant must demonstrate on the balance of probabilities that a difference has been brought about and that the defendant's conduct was a cause of that difference.
Greenwood J, Jagot J, Burley J
Damages for unjustified threats under s 128 of the Patents Act require careful distinction between damage caused by the threats themselves and damage caused by subsequent infringement proceedings, with causation proven on the balance of probabilities supported by evidence of the counter-factual hypothesis.
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Cases considered by Australian Mud Company Pty Ltd v Coretell Pty Ltd
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