Federal Court of Australia
Federal Court of Australia
Airco Fasteners Pty Ltd v Commissioner of Patents [2021] FCA 1594 File number(s): VID 711 of 2021 VID 716 of 2021
Judgment of: ROFE J
Date of judgment: 16 December 2021
Catchwords: PRACTICE AND PROCEDURE - notice to produce - legal professional privilege - whether privilege has been waived - whether conduct of second respondents is consistent with the maintenance of the privilege
Legislation: Patents Act 1990 (Cth)
Cases cited: GR Capital Group Pty Ltd v Xinfeng Australia International Investment Pty Ltd [2020] NSWCA 266 Macquarie Bank Limited v Arup Pty Limited [2016] FCAFC 117
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 18
Date of hearing: 15 December 2021
Counsel for the Applicant: Mr E Heerey QC with Mr P Creighton-Selvay and Mr T Wood
Solicitor for the Applicant: Hall & Willcox
Counsel for the Second Respondent: Mr C Dimitriadis SC with Mr B Fitzpatrick and Ms C Cunliffe
Solicitor for the Second Respondent: Davies Collison Cave Law
ORDERS VID 711 of 2021
VID716 of 2021
BETWEEN: AIRCO FASTENERS PTY LTD Applicant
AND: THE COMMISSIONER OF PATENTS First Respondent
ILLINOIS TOOL WORKS INC. Second Respondent
order made by: ROFE J DATE OF ORDER: 16 DECEMBER 2021
THE COURT ORDERS THAT: 1. The applicant produce to the second respondent all documents produced, received or sent on 25 and 26 November 2021 by or on behalf of Airco and their current legal representatives recording or evidencing: a) The reasons for the filing of the Applications (as defined in the affidavit of Kathryn Howard dated 29 November 2021 (Howard Affidavit)) by Airco; or b) The issues necessitating the Applications referred to in paragraph 13 of the Howard Affidavit. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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