Federal Court of Australia
Federal Court of Australia F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 3) [2022] FCA 162 File numbers: NSD 1003 of 2019 NSD 1795 of 2019
Judgment of: NICHOLAS J
Date of judgment: 1 March 2022
Catchwords: COSTS – where applicant's claim for patent infringement dismissed and patents in suit revoked – whether respondents' costs of infringement proceeding and preliminary discovery proceeding should be payable on an indemnity basis – whether rejection of Calderbank offer was imprudent or unreasonable Held: application for indemnity costs refused
Legislation: Patents Act 1990 (Cth) s 18(1A)(a)
Cases cited: F45 Training Pty Ltd v Body Fit Training Company Pty Ltd [2019] FCA 1911 F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 2) [2022] FCA 96
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 17
Date of hearing: Determined on the papers
Counsel for the Applicant/Cross-Respondent: Mr C Dimitriadis SC
Solicitor for the Applicant/Cross-Respondent: Baker McKenzie
Counsel for the Respondents/Cross-Claimant: Mr R Cobden SC with Ms L Thomas and Mr E Thompson
Solicitor for the Respondents/Cross-Claimant: MinterEllison – Gold Coast
ORDERS NSD 1003 of 2019
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