Federal Court of Australia
Federal Court of Australia
Vald Pty Ltd v KangaTech Pty Ltd (Costs) [2024] FCA 693 File number(s): QUD 440 of 2019
Judgment of: DOWNES J
Date of judgment: 28 June 2024
Catchwords: COSTS – where applicant achieved partial success in patent infringement proceeding – where applicant was successful in defending cross-claim alleging invalidity – where respondent advanced aspects of its invalidity case on premise that applicant's construction of claims was correct (which construction was not accepted) – where parties agreed that global costs order should be made but each side sought a costs order in its favour – where applicant accepted that a discount was appropriate – where respondent succeeded in relation to the dominant issues – costs order made in favour of applicant but with 70% discount
Legislation: Federal Court Rules 2011 (Cth) rr 25.14, 40.02
Cases cited: Vald Pty Ltd v KangaTech Pty Ltd (No 5) [2024] FCA 333 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 11) [2024] FCA 456
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 23
Date of hearing: 24 June 2024
Counsel for the Applicant/ Cross-Respondent: Mr D Logan KC and Mr D Larish
Solicitor for the Applicant/ Cross-Respondent: Holding Redlich
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