Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2016] FCA 613 File number: VID 259 of 2013
Judge: JESSUP J
Date of judgment: 1 June 2016
Catchwords: COSTS – Patent infringement proceeding – Cross-claim alleging invalidity on multiple grounds – Applicants' infringement case hypothetically successful but Patent held to be invalid on limited grounds – Whether applicants entitled to costs of infringement case – Whether respondent entitled to costs of abandoned elements of invalidity case – Offers of compromise – Whether unreasonably rejected.
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 25.14
Date of hearing: Heard on the papers
Date of last submissions: 19 April 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicants: Dr W Rothnie
Solicitor for the Applicants: Phillips Ormonde Fitzpatrick
Counsel for the Respondent: Mr S Burley SC with Mr C Dimitriadis SC and Mr C Burgess
Solicitor for the Respondent: Wilde Legal
ORDERS VID 259 of 2013
BETWEEN: SANDVIK INTELLECTUAL PROPERTY AB First Applicant
SANDVIK MINING AND CONSTRUCTION AUSTRALIA (PRODUCTION/SUPPLY) PTY LTD ACN 008 640 908 Second Applicant
AND: QUARRY MINING & CONSTRUCTION EQUIPMENT PTY LTD (ACN 002 572 303) Respondent
JUDGE: JESSUP J DATE OF ORDER: 1 JUNE 2016
THE COURT ORDERS THAT:
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