Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 428

Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 428

The respondents failed to establish that they lacked sufficient knowledge or means to estimate Bayer's claim at the time of the offer and thus did not rebut the presumption for indemnity costs from the date of the offer under r 25.14(3). Orders for costs were made as sought by Bayer.

Jurisdiction
Australia
Judgment Date
04 May 2017
Procedural Posture
Costs Application in Patent Infringement Proceeding / Post Judgment, Costs Determination
Outcome
Respondents to pay applicants' costs as ordered
Legal Topics
['damages for Patent Infringement' 'offer of Compromise' 'indemnity Costs']
['intellectual Property' 'patents'] ['damages for Patent Infringement' 'offer of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application in Patent Infringement Proceeding / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to applicants from the date of offer of compromise under r 25.14(3) of the Federal Court Rules 2011 (Cth)' 'Whether respondents were sufficiently informed to assess if the offer was a genuine compromise']

Ratio Decidendi

The respondents failed to establish that they lacked sufficient knowledge or means to estimate Bayer's claim at the time of the offer and thus did not rebut the presumption for indemnity costs from the date of the offer under r 25.14(3). Orders for costs were made as sought by Bayer.

Court Disposition

Respondents to pay applicants' costs as ordered

Orders

  • ["Respondents to pay the applicants' costs of the proceedings on a party-party basis up to 11.00am on 11 May 2015 and on an indemnity basis thereafter."]