Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) [2007] FCAFC 172

FEDERAL COURT OF AUSTRALIA

Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) [2007] FCAFC 172

COSTS – remittal from High Court – costs of trial and two Full Court appeals – costs of trial and second appeal granted to appellant subject to discount to reflect respondent's success on issues of infringement and novelty – costs to be taxed and paid forthwith Patents Act 1990 (Cth) ss 7(3), 128

Doric Products Pty Ltd v Lockwood Security Products Pty Ltd (2001) 192 ALR 306 cited Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2003) 56 IPR 479 cited Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2004) 217 CLR 274 cited Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2005) 226 ALR 70 cited Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) (2007) 235 ALR 202 cited LOCKWOOD SECURITY PRODUCTS PTY LTD v DORIC PRODUCTS PTY LTD

NSD 281 OF 2002

heerey, sundberg and bennett jj 16 NOVEMBER 2007 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 281 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: LOCKWOOD SECURITY PRODUCTS PTY LTD

Appellant

AND: DORIC PRODUCTS PTY LTD

Respondent

JUDges: heerey, sundberg and bennett jj DATE OF ORDER: 16 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Lockwood is to recover its costs on a party and party basis, subject to a discount of 15 per cent on the costs of the trial and 20 per cent on the costs of the second Full Court appeal. 2. Costs are to be taxed and paid forthwith.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 281 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA