Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EIS GmbH v LELO Oceania Pty Ltd (Evidence of Experiments) [2024] FCA 713 File number(s): NSD 376 of 2023 NSD 1411 of 2023
Judgment of: DOWNES J
Date of judgment: 3 July 2024
Catchwords: PRACTICE AND PROCEDURE – patent infringement proceedings – application for leave to rely upon evidence of the conduct and results of experiments performed on devices without compliance with rule 34.50(1) Federal Court Rules 2011 (Cth) – leave sought pursuant to rule 34.50(2) Federal Court Rules 2011 (Cth) – explanation provided for failure to comply with rule 34.50(1) – offers made since March 2024 to repeat experiments – trial dates more than seven months away – leave granted
Legislation: Federal Court Rules 2011 (Cth) r 34.50
Cases cited: Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2013] FCA 226 Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools [2012] FCA 1091
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 56
Date of hearing: 25 June 2024
Counsel for the Applicant/Cross-respondent: Ms C Cochrane SC and Mr E Thompson
Solicitor for the Applicant/Cross-respondent: Gilbert + Tobin
Counsel for the Respondents/Cross-claimants: Ms K Howard SC and Mr J Samargis
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