Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (No 2) [2020] FCA 961 File number: NSD 75 of 2018
Judge: BURLEY J
Date of judgment: 9 July 2020
Catchwords: PRACTICE AND PROCEDURE – form of final orders – unsuccessful appeal from opposition to a standard patent pursuant to s 60(4) of the Patents Act 1990 (Cth) – application for stay of orders pending outcome of application for leave to appeal and, if granted, appeal – stay granted COSTS – whether costs should follow the event – where offer made by the appellant in accordance with the principles in Calderbank v Calderbank [1975] 3 All ER 333 – where Calderbank offer proposed agreed claim construction and undertaking as to infringement – whether it was unreasonable for the respondent to refuse to accept the Calderbank offer – held costs follow event
Legislation: Federal Court Rules 2011 (Cth) r 35.13 Patents Act 1990 (Cth) s 57(1), s 60(4)
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Jupiters Ltd v Neurizon Pty Ltd [2005] FCAFC 90; 22 ALR 155 Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408
Date of last submissions: 13 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 9
Counsel for the Appellant: Mr C Burgess with Ms J Ambikapathy
Solicitor for the Appellant: Spruson & Ferguson Lawyers
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