Gambro Pty Ltd v Fresenius Medical Care South East Asia Pty Ltd [2000] FCA 407

FEDERAL COURT OF AUSTRALIA

Gambro Pty Ltd v Fresenius Medical Care South East Asia Pty Ltd [2000]

FCA 407

INTELLECTUAL PROPERTY – application to amend patent – costs – whether usual rule that the applicant bears the costs should be applied – where respondent had unsuccessfully pursued additional allegations against the applicant at the hearing of the amendment application Autodesk Inc v Dyason No 2 (1993) 176 CLR 300 Wimmera Industrial Minerals Pty Limited v RGC Mineral Sands Limited (12 November 1997, Sundberg J, unreported)

Terrell on the Law of Patents 14th ed 1994 GAMBRO PTY LTD & GAMBRO AB v FRESENIUS MEDICAL CARE SOUTH EAST ASIA PTY LTD NG 474 OF 1997 TAMBERLIN J SYDNEY 10 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 474 OF 1997

BETWEEN: GAMBRO PTY LIMITED

(ACN 001 288 491)

FIRST APPLICANT/CROSS RESPONDENT

GAMBRO AB

SECOND APPLICANT/CROSS RESPONDENT

AND: FRESENIUS MEDICAL CARE SOUTH EAST ASIA PTY LIMITED

(ACN 067 557 877)

RESPONDENT/CROSS CLAIMANT

JUDGE: TAMBERLIN J

DATE OF ORDER: 10 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondents be granted leave to re-open the question of costs. 2 The applicants pay seventy per cent of the respondent's costs of the amendment application on a party party basis 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 NG 474 OF 1997

BETWEEN: GAMBRO PTY LIMITED

(ACN 001 288 491)

FIRST APPLICANT/CROSS RESPONDENT

GAMBRO AB

SECOND APPLICANT/CROSS RESPONDENT

AND: FRESENIUS MEDICAL CARE SOUTH EAST ASIA PTY LIMITED

(ACN 067 557 877)