Mallesons – High Court guidance on contributory infringement by product suppliers

Kim O’Connell, Suzy Groom and Duncan Campbell of Mallesons report on Northern Territory v Collins [2008] HCA 49, which provides important guidance on the meaning of the word “supply” and the phrase “staple commercial product” in contributory patent infringement proceedings.

According to Mallesons, a supplier of a product which is put to an infringing use will be liable for contributory or indirect infringement in certain circumstances. The High Court prefers a broad interpretation of “supply”. However, it also prefers a broad interpretation of “staple commercial product”, which narrows the circumstances in which suppliers will be liable for contributory infringement.

Mallesons – High Court guidance on contributory infringement by product suppliers