Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Damorgold Pty Ltd v Blindware Pty Ltd (No 2) [2018] FCA 364 File number: VID 403 of 2015
Judge: MIDDLETON J
Date of judgment: 19 March 2018
Catchwords: COSTS – costs following the event – responding party successful on infringement claim and other party successful on cross-claim upholding validity of patent – incidence of costs – whether to consider claim and cross-claim globally – whether the relevant event is the successful defence of infringement claim – apportioning costs – offers of compromise – conduct prior to and in litigation COSTS – Patents – Certificate under s 19(2) of the Patents Act 1990 (Cth) – operation of s 19(3) direction – different ground of attack on invalidity of Patent than previous proceeding – whether Court should exercise discretion under s 19(3) PATENTS – s 19 of the Patents Act 1990 (Cth) – costs – direction under s 19(3) – exercise of discretion PRACTICE AND PROCEDURE – overarching purpose – case management – genuine steps to resolve disputes – court's duty to determine matter – successful party not to be punished or deprived of costs in pursuing a court determination
Legislation: Civil Dispute Resolution Act 2011 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Patents Act 1990 (Cth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate