Becton Dickinson Pty Ltd v B. Braun Melsungen AG (No 2) [2018] FCA 1987

Becton Dickinson Pty Ltd v B. Braun Melsungen AG (No 2) [2018] FCA 1987

Although Becton's unsuccessful inventive step case generated a substantial amount of material that need not otherwise have been prepared, deployed and tested, the time and cost devoted to that issue was not as great as Braun suggested because greater time and cost were devoted to background, characterisation of the invention and construction of claims relevant also to infringement and fair basis. A judicial estimation supported a 25% reduction, so Braun was ordered to pay 75% of Becton's costs.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Costs Determination in Patent Proceeding / Determined on the Papers After Principal Judgment
Outcome
Respondent ordered to pay 75% of the applicant's costs of the proceeding.
Legal Topics
['party/party Costs' 'apportionment of Costs' 'inventive Step' 'patent Invalidity' 'patent Infringement']
['costs' 'intellectual Property' 'patents'] ['party/party Costs' 'apportionment of Costs' 'inventive Step' 'patent Invalidity' 'patent Infringement']

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Procedural Posture

Costs Determination in Patent Proceeding / Determined on the Papers After Principal Judgment

Legal Issues

  1. 1 ["How much Becton Dickinson Pty Ltd's costs should be reduced to take account of its lack of success on inventive step."]

Ratio Decidendi

Although Becton's unsuccessful inventive step case generated a substantial amount of material that need not otherwise have been prepared, deployed and tested, the time and cost devoted to that issue was not as great as Braun suggested because greater time and cost were devoted to background, characterisation of the invention and construction of claims relevant also to infringement and fair basis. A judicial estimation supported a 25% reduction, so Braun was ordered to pay 75% of Becton's costs.

Court Disposition

Respondent ordered to pay 75% of the applicant's costs of the proceeding.

Orders

  • ["The respondent pay 75% of the applicant's costs of this proceeding."]