Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia [2020] FCA 6

FEDERAL COURT OF AUSTRALIA

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia [2020] FCA 6 File number: NSD 200 of 2019

Judge: YATES J

Date of judgment: 10 January 2020

Catchwords: PRACTICE AND PROCEDURE – application for permanent stay of patent infringement proceedings – where earlier proceeding was brought by the applicant against the first respondent for infringement of a particular but now expired patent – where current proceeding is for infringement of another patent in force at the time of the earlier proceeding – whether it was unreasonable for the applicant not to have raised claims in the earlier proceeding of infringement of the patent in suit in the current proceeding – where there is no possibility of conflicting judgments – where subject matter in the current proceeding differs in some respects from that of the earlier proceeding – where there are reasonable explanations for the applicant's failure to raise the current allegations of infringement in the earlier proceeding – where the first respondent entered into a settlement agreement preserving the applicant's right to bring a claim on matters related to those litigated in the earlier proceeding – no Anshun estoppel – no abuse of process – application for permanent stay dismissed PRACTICE AND PROCEDURE – application for permanent stay of part of proceedings – whether claims of infringement are statute-barred – where the most appropriate course is that the respondents plead a limitation defence at trial – application for permanent stay of part of proceedings dismissed PRACTICE AND PROCEDURE – application to strike out certain paragraphs of statement of claim – application for strike out dismissed