Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 2) [2020] FCA 1806

Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 2) [2020] FCA 1806

The applicants' proposed orders are appropriate because the point at which a meaningful and informed election can be made is unlikely to be reached until after relevant statements and experts' reports are filed and served. Accordingly, the applicants should not yet be required to elect between damages and an account of profits.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Intellectual Property – Patent Infringement / Post Liability; Pre Election Between Damages and an Account of Profits
Outcome
Applicants' proposed orders granted; respondents to answer interrogatories and no immediate obligation for applicants to elect between damages or an account of profits.
Legal Topics
['patent Infringement' 'damages' 'account of Profits' 'interrogatories' 'case Management Procedures']
['intellectual Property'] ['patent Infringement' 'damages' 'account of Profits' 'interrogatories' 'case Management Procedures']

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Procedural Posture

Intellectual Property – Patent Infringement / Post Liability; Pre Election Between Damages and an Account of Profits

Legal Issues

  1. 1 ['When should applicants be required to elect between damages and an account of profits?' 'Are further interrogatories and discovery needed before requiring the election?']

Ratio Decidendi

The applicants' proposed orders are appropriate because the point at which a meaningful and informed election can be made is unlikely to be reached until after relevant statements and experts' reports are filed and served. Accordingly, the applicants should not yet be required to elect between damages and an account of profits.

Court Disposition

Applicants' proposed orders granted; respondents to answer interrogatories and no immediate obligation for applicants to elect between damages or an account of profits.

Orders

  • ['By 15 December 2020, the Respondents provide written answers to interrogatories set out in Annexure A.' 'On or before 4:00 pm AEDT on 10 March 2021, the Applicants file and serve any affidavits, including any expert evidence, on which they intend to rely in support of a claim for damages, expressly subject to...