Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toolgen Incorporated v Fisher [2019] FCA 2158 File number: NSD 1909 of 2018
Judge: NICHOLAS J
Date of judgment: 19 December 2019
Catchwords: PRACTICE AND PROCEDURE – security for costs – whether respondents/cross-appellants in appeal brought by patent applicant against decision of a delegate of Commissioner of Patents in opposition proceeding should be required to provide security for costs – whether respondents/cross-appellants are in substance applicants in the appeal proceeding – whether notice of cross-appeal purely defensive
Legislation: Copyright Act 1968 (Cth) s 202 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) rr 19.01, 34.24(1), 34.28(1), 34.29 Intellectual Property Laws Amendment (Raising the Bar) Act 2013 (Cth) Patents Act 1990 (Cth) ss 40(2), 40(3), 59, 60, 219
Cases cited: Cadbury Schweppes Plc v Effem Foods Pty Ltd (2006) 69 IPR 584 Delnorth Pty Ltd v Dura-Post (Australia) Pty Ltd (admin apptd) (2010) 85 IPR 642 Kaiser Aluminum & Chemical Corp v Reynolds Metal Co (1969) 120 CLR 136 Neck v Taylor [1893] 1 QB 560 New England Biolabs Inc v F Hoffmann-La Roche AG (2004) 141 FCR 1 Nine Films & Television Pty Ltd v Ninox Television Ltd (2005) 146 FCR 144 The Hire Purchase Furnishing Company Limited v Richens (1887) 20 QBD 387
Date of hearing: 10 October 2019
Registry: New South Wales
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