Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MSA 4x4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd (No 2) [2024] FCA 417 File number(s): QUD 32 of 2021
Judgment of: DOWNES J
Date of judgment: 26 April 2024
Catchwords: COSTS – where the respondent was successful in defending patent infringement proceedings – where applicants were successful in defending invalidity case – where respondent advanced aspects of invalidity case on premise that applicants' construction of claims was correct – where respondent was only party to have any success in proceeding – whether global costs order should be made and if so, the amount of any discount to be applied
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M and 37N
Cases cited: GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 MMD Design and Consultancy Limited v Camco Engineering Pty Ltd (No 2) [2023] FCA 1416 MSA 4x4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd [2024] FCA 24 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 18
Date of hearing: 23 April 2024
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