Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zuru Ltd v Brand Developers Aust Pty Ltd [2017] FCA 107 File number: NSD 1702 of 2015
Judge: ROBERTSON J
Date of judgment: 16 February 2017
Catchwords: PATENTS – infringement application in relation to Australian patent No 2015101248 – cross-claim for invalidity – interlocutory application to amend particulars of invalidity – whether leave to amend should be granted on condition relating to a pending application in the Administrative Appeals Tribunal (AAT) to review a decision by a delegate of the Commissioner of Patents to grant an extension of time for the filing of patent application 2015201240 in Australia – factual overlap between the two proceedings – whether proceedings in the Court will necessarily render the AAT proceedings otiose – whether cross-claimant's application to amend should be allowed on condition that the AAT proceedings now be dismissed or permanently stayed – costs of the interlocutory application
Legislation: Patents Act 1990 (Cth) ss 138(3)(d), 223(2)(a)
Date of hearing: 8 and 16 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated statutes
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicants/Cross Respondents: Mr CA Moore SC with Ms JM Beaumont
Solicitor for the Applicants/Cross Respondents: AJ Park IP Pty Limited
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