Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 2) [2015] FCA 824

Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 2) [2015] FCA 824

Because the determination of priority dates was a discrete, substantial, and separately identifiable issue with significant practical consequence for the respondent's case, and given the likely delay before final determination, it is appropriate to order that the applicant's costs be taxed and paid forthwith, despite the default rule in r 40.13.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Patent Proceeding With Cross Claim / Interlocutory Application (determination of Separate Question, Costs Order)
Outcome
Costs of the interlocutory application to be taxed and paid forthwith by the respondent to the applicant.
Legal Topics
['patent Law' 'priority Dates' 'interlocutory Costs' 'costs Taxation']
['intellectual Property Law' 'civil Procedure'] ['patent Law' 'priority Dates' 'interlocutory Costs' 'costs Taxation']

Case Brief

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Procedural Posture

Patent Proceeding With Cross Claim / Interlocutory Application (determination of Separate Question, Costs Order)

Legal Issues

  1. 1 ['Whether costs of the interlocutory application should be taxed and paid forthwith contrary to the default rule in r 40.13 of the Federal Court Rules 2011.']

Ratio Decidendi

Because the determination of priority dates was a discrete, substantial, and separately identifiable issue with significant practical consequence for the respondent's case, and given the likely delay before final determination, it is appropriate to order that the applicant's costs be taxed and paid forthwith, despite the default rule in r 40.13.

Court Disposition

Costs of the interlocutory application to be taxed and paid forthwith by the respondent to the applicant.

Orders

  • ["The respondent pay the applicant's costs of and incidental to the determination of the separate question, such costs to be taxed (if not agreed) and paid forthwith." 'The separate question regarding priority dates is answered with specific entitlement dates as set out in the orders.']