Federal Court of Australia
Federal Court of Australia
SARB Management Group Pty Ltd trading as Database Consultants Australia v Vehicle Monitoring Systems Pty Limited (No 2) [2024] FCAFC 53 File number(s): NSD 605 of 2023
Judgment of: BURLEY, JACKSON AND DOWNES JJ
Date of judgment: 1 May 2024
Catchwords: PATENTS – form of orders following hearing of appeal –whether injunctions granted by trial judge should be set aside – utility of injunctions – patents lapsed on day of hearing of appeal – application for extension of time filed to pay renewal fees – impact on final orders – whether costs should be awarded against litigation funder – orders in relation to stay and case management
Cases cited: SARB Management Group Pty Ltd trading as Database Consultants Australia v Vehicle Monitoring Systems Pty Limited [2024] FCAFC 6
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 23
Date of last submission/s: 20 March 2024
Date of hearing: Determined on the papers
Counsel for the Appellant: Mr T Bannon SC and Ms C Cunliffe
Solicitor for the Appellant: Norton Rose Fulbright
Counsel for the First Respondent: Mr R Cobden SC, Ms PL Arcus and Ms JPS Ambikapathy
Solicitor for the First Respondent: Johnson Winter Slattery
Counsel for the Second Respondent: Mr HPT Bevan SC and Mr AN McRobert
Solicitor for the Second Respondent: Ashurst
ORDERS NSD 605 of 2023
BETWEEN: SARB MANAGEMENT GROUP PTY LTD T/A DATABASE CONSULTANTS AUSTRALIA ACN 106 549 722 Appellant
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