Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 6) [2020] FCA 1866

Federal Court of Australia

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 6) [2020] FCA 1866 File number: NSD 200 of 2019

Judgment of: BESANKO J

Date of judgment: 22 December 2020

Date of Publication of Reasons: 11 January 2021

Catchwords: PRACTICE AND PROCEDURE — interlocutory application for leave to file and serve a Further Amended Defence and a Second Further Amended Statement of Cross-Claim — where opposition to the application is limited to an amendment to the Cross-Claim raising a plea of a lack of entitlement in relation to two patents — consideration of the nature of the amendments and their importance to the applicant for leave — consideration of any prejudice to the respondent to the application if the amendments are allowed — consideration of the applicant for leave's explanation for seeking to bring forward the amendments at this stage of the proceeding — leave granted

Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Patents Act 1990 (Cth) ss 22A, 138 Federal Court Rules 2011 (Cth) r 20.23

Cases cited: AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99; (2014) 226 FCR 324 Kafataris v Davis [2016] FCAFC 134 Polwood Pty Ltd v Foxworth Pty Ltd [2008] FCAFC 9; (2008) 165 FCR 527 Roberts-Smith v Fairfax Media Publications Pty Limited (No 5) [2020] FCA 1067 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 471 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 5) [2020] FCA 1243