Hazan Hollander reposted this
📢 Case Update: Key Ruling on Vehicle Monitoring Patents in SARB v. VMS Appeal In a notable decision for the IP landscape, the Full Federal Court has partially overturned a previous ruling in SARB Management Group Pty Ltd v Vehicle Monitoring Systems Pty Ltd [2024] FCAFC 53, impacting the realm of patent rights for vehicle monitoring systems. VMS, holding two patents for detecting and managing parking overstays, initially succeeded in claiming that SARB's three versions of vehicle overstay detection systems infringed its patents and dismissed the challenge to the validity of the patents. SARB challenged this on appeal. While the trial judge found SARB's systems infringed, the Full Court on appeal ruled differently, finding that SARB's third and latest system did not infringe VMS's patents. The critical takeaway: the Full Court clarified that VMS’s patent claims did not extend to systems where vehicle overstay detection is carried out via data collection apparatus—a feature unique to SARB's third version. Consequently, the court has relieved SARB from infringement liability on this version and awarded SARB its appeal costs against VMS and its litigation funder. This ruling highlights the importance of detailed patent construction and precise claim interpretations. It also highlights that early advice can identify approaches that may avoid litigation. For companies and individuals requiring strategic advice about IP protection and enforcement, our specialised IP team is here to help. Contact us for guidance on patent rights, enforcement, or defence strategies. Litigation is not the only way.