Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
E I Dupont de Nemours & Company v Imperial Chemical Industries PLC [2002] FCA 459
COSTS – intellectual property – patents – appropriate order as to costs – whether in present case ordinary rule that costs follow the event should be departed from Patents Act 1990 (Cth) ss 40(2), 160 Federal Court of Australia Act 1976 (Cth) s 43 E I Dupont de Nemours & Co v Imperial Chemical Industries PLC [2002] FCA 230 referred to Australian Drainage Modules Pty Ltd v Urriola [2001] FCA 1506 cited Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 applied Patent Gesellschaft AG v Saudi Livestock Transport and Trading Company (1996) 33 IPR 461 cited E I DUPONT DE NEMOURS & COMPANY v IMPERIAL CHEMICAL INDUSTRIES PLC N1248 OF 1999 E I DUPONT DE NEMOURS & COMPANY v IMPERIAL CHEMICAL INDUSTRIES PLC AND INEOS FLUOR HOLDINGS LIMITED N1249 OF 1999 BRANSON J 15 APRIL 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1248 OF 1999
BETWEEN: E I DUPONT DE NEMOURS & COMPANY
APPLICANT
AND: IMPERIAL CHEMICAL INDUSTRIES PLC
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 15 APRIL 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The order as to costs made by the delegate of the Commissioner of Patents against the applicant on 11 October 1999 be set aside and in lieu thereof it be ordered that the respondent pay the applicant's costs of the opposition proceeding before the delegate of the Commissioner of Patents. 2. The respondent pay sixty percent (60%) of the applicant's costs of the appeal including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1249 OF 1999
BETWEEN: E I DUPONT DE NEMOURS & COMPANY
APPLICANT
AND: IMPERIAL CHEMICAL INDUSTRIES PLC
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