Following Charter Pacific’s latest successful hearing between CPC Patent Technologies Pty Ltd v Apple Inc in the Federal Court of Australia on Friday, 23 August, 2023 before Justice Burley it is opportune to provide an update on our Australian litigation –
Given the volume and value of the alleged infringing Devices, the case is likely to be one of the most commercially significant IP cases ever heard in Australia. CPC Patent Technologies Pty Ltd seeks declarations, injunctions and financial compensation. The compensation sought is in the form of an account of Apple’s profits arising from sales of the infringing Apple devices or payment of damages.
In September 2021, CPC Patent Technologies Pty Ltd (CPC) commenced Federal Court of Australia proceeding No. NSD 988 of 2021 against Apple, Inc. and its Australian subsidiary Apple Pty Limited (together, Apple).
CPC allege Apple have infringed two of CPC’s Australian patents (nos. 2004301168 and 2009201293) (the Patents). The Patents relate to the use of biometric technology as access security.
CPC asserts that certain Apple devices sold in Australia since September 2015, that incorporate biometric secure access including Touch ID or Face ID technology, infringe the Patents. Those devices include Apple iPhones, iPads and Macbooks.
The case has been allocated to the docket of Justice Burley of the Federal Court of Australia, an experienced patent Judge. The case is set down for a 4 week hearing commencing 16 October 2023.
We will provide further updates on our other proceedings in the USA, as they occur.
Prior releases on litigation
27 March 2023 – Trial Dates
17 March 2023 – Costs Awarded to CPC Against Apple