Vald Pty Ltd v KangaTech Pty Ltd (Costs) [2024] FCA 693

Vald Pty Ltd v KangaTech Pty Ltd (Costs) [2024] FCA 693

Vald was the substantially successful party due to the principal relief obtained, including declaratory and injunctive relief, and successful defence of the cross-claim, notwithstanding some failures on secondary issues and the need for a significant discount due to the respondent’s success on major issues; thus, KangaTech is to pay 30% of Vald’s costs (i.e., a 70% discount), and costs are to be paid as a lump sum by order of the Court.

Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Costs Determination for Patent Infringement Proceeding / Post Liability Judgment; Determination of Costs Following Partial Success
Outcome
Costs order in favour of applicant with substantial discount—respondent to pay 30% of applicant's costs as a lump sum, with quantification to be determined by Registrar.
Legal Topics
['patents' 'costs' 'injunctions']
['intellectual Property' 'civil Procedure'] ['patents' 'costs' 'injunctions']

Case Brief

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Procedural Posture

Costs Determination for Patent Infringement Proceeding / Post Liability Judgment; Determination of Costs Following Partial Success

Legal Issues

  1. 1 ['Appropriate costs order where applicant had partial success in patent infringement and successfully defended invalidity cross-claim' 'Appropriateness of a global costs order' 'Whether either party should be regarded as the successful party' 'Relevance of offers to settle to the costs order' 'Whether a discount should be applied to costs']

Ratio Decidendi

Vald was the substantially successful party due to the principal relief obtained, including declaratory and injunctive relief, and successful defence of the cross-claim, notwithstanding some failures on secondary issues and the need for a significant discount due to the respondent’s success on major issues; thus, KangaTech is to pay 30% of Vald’s costs (i.e., a 70% discount), and costs are to be paid as a lump sum by order of the Court.

Court Disposition

Costs order in favour of applicant with substantial discount—respondent to pay 30% of applicant's costs as a lump sum, with quantification to be determined by Registrar.

Orders

  • ["KangaTech pay 30% of Vald's costs of the Amended Originating Application and Notice of Cross-Claim up to and including 24 June 2024." 'Any existing costs orders made in the proceedings to date be payable forthwith.' 'Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth), the costs payable pursuant to orders...