Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vald Pty Ltd v KangaTech Pty Ltd (No 6) [2024] FCA 408 File number(s): QUD 440 of 2019
Judgment of: DOWNES J
Date of judgment: 23 April 2024
Catchwords: PATENTS – form of orders following judgment on claim and cross-claim – whether declaration of non-infringement should be made when relief not sought in cross-claim – where respondent offered form of undertaking following trial by email to judge's chambers – whether respondent should be (or needs to be) released from proposed undertaking
Cases cited: Vald Pty Ltd v KangaTech Pty Ltd (No 5) [2024] FCA 333
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 18
Date of last submission/s: 18 April 2024
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr D Logan KC with Mr D Larish
Solicitor for the Applicant: Holding Redlich
Counsel for the Respondent: Mr B Fitzpatrick
Solicitor for the Respondent: Wrays
ORDERS QUD 440 of 2019
BETWEEN: VALD PTY LTD (ACN 603 446 171) Applicant
AND: KANGATECH PTY LTD (ACN 609 070 340) Respondent
AND BETWEEN: KANGATECH PTY LTD (ACN 609 070 340) Cross-Claimant
AND: VALD PTY LTD (ACN 603 446 171) Cross-Respondent
order made by: DOWNES J DATE OF ORDER: 23 APRIL 2024
IN THIS ORDER THE FOLLOWING DEFINITIONS APPLY: Patent means Australian Standard Patent No. 2012388708. patent area has the same meaning as that term as defined in the Dictionary in Schedule 1 of the Patents Act 1990 (Cth). KangaTech Product means the device described in paragraphs 4 and 232 of the Reasons for Judgment in Vald Pty Ltd v KangaTech Pty Ltd (No 5) [2024] FCA 333 (Judgment). KT360 means the devices described in paragraphs 234 to 236 of the Judgment. Pre-SM KT360 means the KT360s sold, leased and supplied, etc, by the Respondent before 31 December 2019, as described in paragraph 249 of the Judgment.
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