Patent "rocket" procedures 


For those who (for whatever reason) were unable to make it to the Federal Court's recent Patent Procedures seminar (in Melbourne), the schedule to Black & Decker Inc v GMCA Pty Ltd (No 3) [2008] FCA 932 contains the printed guidelines ...


One potentially significant change is that there will be an initial return date before the Patents List Judge, with an emphasis on identifying what is really in dispute.

Can't help you with the 4th bullet point, however, which has been rendered in ancient Greek!

Heerey J imposed indemnity costs on GMCA, the losing respondent, in respect of its 4th and 5th sets of particulars of invalidity and, perhaps, foreshadowed a much tougher line against failures to admit facts the subject of notices to admit.

In this case, indemnity costs were not imposed solely because the matters that should have been admitted were entangled with things in dispute and his Honour recognised the taxing officer would be hard pressed to separate the different issues.


Posted: Thursday - 26 June, 2008 at 05:01 PM         |


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