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Motion for civil contempt dismissed as plaintiff failed to prove beyond a reasonable doubt that defendant's design-around product breached patent injunction.
The plaintiffs brought a motion for contempt alleging that the defendant breached a prior permanent injunction against patent infringement by selling a modified product, the RootSpace AirForm.
The Federal Court dismissed the motion, finding that the plaintiffs failed to prove beyond a reasonable doubt that the new product possessed the essential volume and structural features of the patented claims, thus failing to establish that the defendant intentionally carried out an act prohibited by the injunction.
