Federal Court of Australia
Federal Court of Australia
Hanwha Solutions Corporation v REC Solar Pte Ltd (No 2) [2024] FCA 336 File number(s): NSD 458 of 2019
Judgment of: BURLEY J
Date of judgment: 9 April 2024
Catchwords: COSTS – discretion as to costs – whether to treat infringement claim and validity cross-claim as separate events – where infringement claim failed and cross-claim partially successful – discount for alternative and unnecessary defences to infringement. COSTS – apportionment of costs – where three separate proceedings heard together and two proceedings settled following trial and before judgment.
Legislation: Patents Act 1990 (Cth) s 19(1), 40, 128 Federal Court Rules 2011 (Cth) r 1.37
Cases cited: Airco Fasteners Pty Ltd v Illinois Tool Works Inc [2023] FCAFC 7; (2023) 170 IPR 225 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 346; (1993) 26 IPR 261 Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 268 Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017 Hood v Bush Pharmacy Pty Ltd (No 2) [2021] FCA 138 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 PAC Mining Pty Ltd v Esco Corporation (No 2) [2009] FCAFC 52 Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Tramanco Pty Ltd v BPW Transpec Pty Ltd (No 2) [2014] FCAFC 58
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