University of Sydney v ResMed Limited (No 5) [2012] FCA 232

University of Sydney v ResMed Limited (No 5) [2012] FCA 232

Leave to amend is granted except for certain paragraphs found embarrassing or insufficiently particularised; respondent may replead those with deficiencies addressed. Separate determination is ordered: issues of quantification and pecuniary relief will be determined only after liability, as this will enhance efficiency and case management given the complexity and mutual exclusivity of claims.

Jurisdiction
Australia
Judgment Date
16 March 2012
Procedural Posture
Interlocutory Application on Amendments and Separate Trial Issues / Orders on Motions for Leave to Amend, and Separate Determination; Reasons for Interlocutory Judgment
Outcome
Leave to amend defence and cross-claim granted in part; leave to replead certain paragraphs. Separate determination of liability and quantum ordered. Costs applications, costs in the cause.
Legal Topics
['amendment of Pleadings' 'separate Determination of Liability and Quantum' 'case Management Discretion' 'patent Infringement' 'licensing Agreements']
['practice & Procedure' 'intellectual Property' 'contract'] ['amendment of Pleadings' 'separate Determination of Liability and Quantum' 'case Management Discretion' 'patent Infringement' 'licensing Agreements']

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Procedural Posture

Interlocutory Application on Amendments and Separate Trial Issues / Orders on Motions for Leave to Amend, and Separate Determination; Reasons for Interlocutory Judgment

Legal Issues

  1. 1 ['Should leave to amend defence and cross-claim be granted?' 'Is a separate trial of liability and quantum appropriate in this complex intellectual property and contract case?' 'Are certain paragraphs of the amended pleadings embarrassing or inadequately particularised?' 'Does case management discretion under ss 37M Federal Court of Australia Act favour separate determination?']

Ratio Decidendi

Leave to amend is granted except for certain paragraphs found embarrassing or insufficiently particularised; respondent may replead those with deficiencies addressed. Separate determination is ordered: issues of quantification and pecuniary relief will be determined only after liability, as this will enhance efficiency and case management given the complexity and mutual exclusivity of claims.

Court Disposition

Leave to amend defence and cross-claim granted in part; leave to replead certain paragraphs. Separate determination of liability and quantum ordered. Costs applications, costs in the cause.

Orders

  • ['Leave to file fourth further amended defence and second further amended cross-claim excluding paragraphs 100-117; leave to replead paragraphs 100-117 consistent with reasons.' 'Issues identified in specified paragraphs of statement of claim and cross-claim (excluding quantification and specified relief) to be...