Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liberation Developments Pty Ltd v Lomax Group Pty Ltd [2018] FCA 842 File number(s): QUD 117 of 2018
Judge(s): GREENWOOD J
Date of judgment: 5 June 2018
Catchwords: INTELLECTUAL PROPERTY – consideration of the question of whether the respondents/cross-claimants ought to be given leave to pursue a cross-claim for invalidity in Claims 1, 3 and 4 of an Innovation Patent on a ground engaging s 138(3)(f) and s 40(3) of the Patents Act 1990 (Cth)
Legislation: Patents Act 1990 (Cth), ss 138(3) and 40(3)
Date of hearing: 4 June 2018
Date of last submissions: 4 June 2018
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicants: Mr A Franklin SC and Mr D B Larish
Solicitor for the Applicants: Bennett & Philp Lawyers
Counsel for the Respondents: Mr B Gardiner
Solicitor for the Respondents: Interface Legal Pty Ltd
ORDERS QUD 117 of 2018
BETWEEN: LIBERATION DEVELOPMENTS PTY LTD ACN 127 681 118 First Applicant
TITAN HOARDING SYSTEMS AUSTRALIA PTY LTD ACN 166 386 303 Second Applicant
AND: LOMAX GROUP PTY LTD ACN 615 835 848 (and others named in the Schedule) First Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 5 JUNE 2018
THE COURT ORDERS THAT:
1. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. 2. Subject to Order 3, the cross-claimants are given leave to press, in the proceedings, a claim for invalidity of Claims 1, 3 and 4 of the patent in suit on the ground of fair basing. 3. The cross-claimants are to file any evidence upon which they propose to rely in support of the cross-claim contemplated by Order 2, by 1.00pm on Thursday, 7 June 2018. 4. The applicants/cross-respondents are to deliver their evidence in relation to the questions in issue contemplated by Order 2 of these orders by 9.00am on Monday, 11 June 2018. 5. The respondents are given leave to rely upon the affidavit of Mark Andrew Lomax affirmed 3 June 2018. 6. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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