Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Upaid Systems Ltd v Telstra Corporation Limited (No 3) [2016] FCA 227 File number(s): NSD 1698 of 2013
Judge(s): YATES J
Date of judgment: 11 March 2016
Catchwords: PATENTS – standard patent for a convergent communications platform and method for mobile and electronic commerce in a heterogeneous network environment and standard patent for communication services PRACTICE AND PROCEDURE – application to strike out particulars of infringement and for summary judgment – whether applicant has reasonable prospects of success in prosecuting case – whether particulars of infringement should be struck out as embarrassing or for failure to disclose a reasonable cause of action
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 37AF(1) Federal Court Rules 2011 rr 16.21, 26.01, 34.42 Macquarie Dictionary (6th ed, 2013)
Cases cited: Butorac v WIN Corporation Pty Ltd [2009] FCA 1503 Dandaven v Harbeath Holdings Pty Ltd [2008] FCA 955 Garford Pty Ltd v DYWIDAG Systems International Pty Ltd (2015) 110 IPR 30; [2015] FCAFC 6 Spencer v The Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 Upaid Systems Ltd v Telstra Corporation Ltd (No 2) [2014] FCA 1377 Upaid Systems Ltd v Telstra Corporation Ltd (2013) 220 FCR 182; [2013] FCA 1441 White Industries Aust Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298; [2007] FCA 511
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