Federal Court of Australia
Federal Court of Australia
Surefoot IP Holdings Pty Ltd v All Footings Solutions Pty Ltd [2021] FCA 1181 File number(s): VID 298 of 2021
Judgment of: ROFE J
Date of judgment: 30 September 2021
Catchwords: PRACTICE AND PROCEDURE – patents – position statement on infringement – adequacy of position statement – need to identify features of allegedly infringing products and corresponding integers of claims in patent
Cases cited: ViiV Healthcare Company v Gilead Sciences Pty Ltd (2020) 152 IPR 31
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 31
Date of last submission/s: 20 September 2021
Date of hearing: Determined on the papers
Counsel for the Applicant Mr C H Smith with Mr R J Maguire
Solicitor for the Applicant Arcadia Lawyers
Counsel for the Respondents Ms C Cunliffe
Solicitor for the Respondents DLA Piper
ORDERS VID 298 of 2021
BETWEEN: SUREFOOT IP HOLDINGS PTY LTD Applicant
AND: ALL FOOTINGS SOLUTIONS PTY LTD First Respondent
MICHAEL MICHAEL Second Respondent
ANTHONY RAPA Third Respondent
order made by: ROFE J DATE OF ORDER: 30 SEPTEMBER 2021
THE COURT ORDERS THAT:
1. By 4:00pm on 8 October 2021, the Applicant file and serve a Further Amended Position Statement that separately deals with the circular footplate (example (g)), clearly identifying for that example the precise features which are said to correspond with the integers of the asserted claims of the patent in suit. 2. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate