IMF funds claim against Bradken, FMG

Litigation funder to support damages claim alleging patent infringement.

Litigation funder IMF Australia (IMF) will fund the claims of Lynx Engineering Consultants Pty Ltd for damages against wholly owned subsidiaries of Fortescue Metals Group (FMG) and Bradken (BKN), alleging infringement of its patent.

In a statement to the Australian Securities Exchange, IMF said the patent protects Lynx's design for bulk material transport containers that have been used by miners to transport iron ore in north-west Western Australia.

The patent's validity was challenged before the Commissioner of Patents and in the Federal Court and upheld in December 2012, IMF said.

The validity of the patent continues to be challenged for other reasons and IMF is now funding those proceedings, including Lynx's claim for damages for infringement, the litigation funder said.

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