Zuru Ltd v Brand Developers Aust Pty Ltd (No 2) [2017] FCA 1023

Zuru Ltd v Brand Developers Aust Pty Ltd (No 2) [2017] FCA 1023

The Court ordered the applicants/cross-respondents to give discovery and inspection within 14 days of the specified documents in categories (e), (g) and (h), with categories (e) and (h) subject to legal professional privilege, and stated that the orders were not made on the basis that those categories fell within the discovery orders made on 29 June 2017.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Patents Infringement Application in Relation to Australian Patent No 2015101248 With Cross Claim for Invalidity / Interlocutory Application for Further Discovery
Outcome
Further discovery ordered; costs reserved.
Legal Topics
['patent Infringement' 'patent Invalidity' 'discovery and Inspection' 'legal Professional Privilege']
['patents' 'intellectual Property' 'civil Procedure'] ['patent Infringement' 'patent Invalidity' 'discovery and Inspection' 'legal Professional Privilege']

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Procedural Posture

Patents Infringement Application in Relation to Australian Patent No 2015101248 With Cross Claim for Invalidity / Interlocutory Application for Further Discovery

Legal Issues

  1. 1 ['Whether the applicants/cross-respondents should give discovery and inspection of any precursor email sent on or about 23 April 2015 to Anna Mowbray attaching the documents attached to the email from Josh Malone to Anna Mowbray at 6:30 PM, 23 April 2015.' 'Whether the applicants/cross-respondents should give discovery and inspection of the Motion for Summary Judgment of No Inequitable Conduct and No Unclean Hands in US Case No 6:16-CV-33 and documents relied on in support of it.' 'Whether the applicants/cross-respondents should give discovery and inspection of contemporaneous documents informing the decision to file a subsequent petition to revive the non-provisional.']

Ratio Decidendi

The Court ordered the applicants/cross-respondents to give discovery and inspection within 14 days of the specified documents in categories (e), (g) and (h), with categories (e) and (h) subject to legal professional privilege, and stated that the orders were not made on the basis that those categories fell within the discovery orders made on 29 June 2017.

Court Disposition

Further discovery ordered; costs reserved.

Orders

  • ['Subject to the question of legal professional privilege, the applicants/cross-respondents give discovery and inspection, within 14 days, of the body of any email sent on or about 23 April 2015 to Anna Mowbray which attached the documents attached to the email from Josh Malone to Anna Mowbray at 6:30 PM, 23 April...