Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [2004] HCA 58

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, HAYNE AND HEYDON JJ

LOCKWOOD SECURITY PRODUCTS PTY LTD APPELLANT

AND

DORIC PRODUCTS PTY LTD RESPONDENT

Lockwood Security Products Pty Ltd v Doric Products Pty Ltd

[2004] HCA 58

18 November 2004

S628/2003

ORDER

UPON the appellant by its counsel undertaking to the Court in writing forthwith to proffer to the Federal Court of Australia, for the period of the continuation of the stay provided in order 5 of these orders, the following undertakings:

1. to prosecute the proceedings in the Federal Court expeditiously; 2. forthwith to serve on the Commissioner of Patents a copy of this order with a request that particulars of this order be registered in accordance with s 187 of the Patents Act 1990 (Cth); 3. not to threaten any person with proceedings for infringement of claims 1-32 of Patent No 702534 ("the Patent"); 4. not to seek to amend any claims of the Patent otherwise than in the course of or in connection with the proceedings in the Federal Court;

THE COURT ORDERS THAT

1. The appeal is allowed with costs. 2. Orders 1 and 2 made by the Full Court of the Federal Court on 7 March 2003 are set aside. 3. It is declared that claims 1-32 of the Patent are fairly based on matters described in the complete specification. 4. The matter is remitted to a Full Court of the Federal Court for the determination of the remaining issues on the appeal to that Court and to make such further orders as are necessary and appropriate, including orders disposing of the costs of the appeal to that Court and the proceedings before Hely J and disposing of any application to amend the Patent. 5. The stay the subject of the orders of the Court made on 27 March 2003 and 23 December 2003 continue until the determination of the proceedings remitted to the Full Court of the Federal Court or further order of the Federal Court.