Federal Court of Australia
Federal Court of Australia
UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 3) [2023] FCA 1079 File number: VID 674 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 12 September 2023
Catchwords: PRACTICE AND PROCEDURE – patent litigation – form of final orders – costs – where applicant successful in defeating infringement claim – where applicant largely successful in unjustified threats claim – where first respondent (the patentee) successful in defeating revocation claim
Legislation: Patents Act 1990 (Cth), s 128
Cases cited: GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 27
Date of last submissions: 25 August 2023
Date of hearing: Determined on the papers
Counsel for the Applicant and Cross-respondents: Mr C Smith SC
Solicitor for the Applicant and First Cross-respondent: Barry.Nilsson. Lawyers
Solicitor for the Second Cross-Respondent: Clyde & Co
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