Dr Patrick Glynn and AXM Law: Protecting World-Leading Invention
AXM Law represents former CSIRO scientist, Dr Patrick Glynn, a world-leading inventor and renewable energy scientist, and 2018's world winner of the Kanthal Award for renewable energy science breakthroughs. Alex previously acted for Dr Glynn in Supreme Court of South Australia proceedings brought against him by a competitor company in relation to disputed international patents and prototypes for thermal batteries, which are an industrial scale replacement for lithium-ion batteries.
The Challenge: High-Stakes Urgent Injunctions
The case began as an urgent injunction application against Dr Glynn, brought by Adelaide start-up tech company, Climate Change Technologies, to restrain the alleged misuse (vigorously denied by Dr Glynn) of its intellectual property and trade secrets.
The litigation presented a significant procedural hurdle: whereas Climate Change Technologies had two months to prepare its case for urgent injunctions, Dr Glynn and his legal team had only two days to prepare before the first urgent hearing, and one week to prepare for the second hearing. Despite these time demands, Dr Glynn was able to mount a detailed and meticulous defence to the injunctions.
Our Approach: Navigating Novel Technology and Global IP
Alex’s conduct of the case showcases his strengths as a litigator, particularly when dealing with the complexities of completely novel technology. Our strategy focused on:
- Global Patent Complexity: The case concerned disputed, and highly commercially-valuable, international patent applications (all invented by Dr Glynn) lodged in the U.S.A, Australia and India for thermal batteries.
- Legal Innovation: Just as thermal battery technology is completely novel, so were the complexities of local and international intellectual property and corporations law used by Dr Glynn’s legal team to mount his defence.
- Commercial Astuteness: A commitment to delivering commercial outcomes while minimising as far as possible time and money spent in the courtroom.
The Outcome: Resolution and Commercial Freedom
The case never proceeded to a trial but was settled after extensive negotiations in a way that successfully resolved the parties’ differences. Most importantly, the settlement left Dr Glynn free to pursue valuable commercial opportunities for the ongoing development of his thermal battery technology.
Key Principles for Technology Litigation
Alex’s conduct of the case highlights three key lessons for inventors and tech companies:
