Vald Performance Pty Ltd v Kangatech Pty Ltd [2021] FCA 539

Federal Court of Australia

Vald Performance Pty Ltd v Kangatech Pty Ltd [2021] FCA 539 File number(s): QUD 440 of 2019

Judgment of: GREENWOOD J

Date of judgment: 20 May 2021

Catchwords: INTELLECTUAL PROPERTY – considerations arising out of a directions hearing

Division: General Division

Registry: Queensland

National Practice Area: Intellectual Property

Sub-area: Patents and Associated Statutes

Number of paragraphs: 27

Date of hearing: 19 May 2021

Counsel for the Applicant: Mr D Logan QC

Solicitor for the Applicant: Holding Redlich

Counsel for the Respondents: Ms H Rofe QC

Solicitor for the Respondents: Griffith Hack

ORDERS QUD 440 of 2019

BETWEEN: VALD PERFORMANCE PTY LTD (ACN 603 446 171) Applicant

AND: KANGATECH PTY LTD (ACN 609 070 340) First Respondent

QUEENSLAND UNIVERSITY OF TECHNOLOGY (ABN 83 791 724 622) Second Respondent

order made by: greenwood j DATE OF ORDER: 20 may 2021

THE COURT ORDERS THAT:

1. The respondent provide to the applicant, within 21 days, details of the content of the changes made to the respondent's product described as the KT360 Version 2 so as to bring about the KT360 Version 3 disabling the Nordic curl function, as described at [17] to [26] of the reasons accompanying these orders. 2. The parties have liberty to apply on three days' notice. 3. The costs of the directions hearing are costs in the cause. 4. 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. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.