Vector Corrosion Technologies Limited v E-Chem Technologies Ltd [2022] FCA 519

Vector Corrosion Technologies Limited v E-Chem Technologies Ltd [2022] FCA 519

Indemnity costs ordered only in the infringement proceeding due to Vector's unreasonable rejection of settlement offers; entitlement proceeding did not rise to the level of unreasonableness required for indemnity costs, as it remained arguable throughout.

Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Intellectual Property – Patents / Post Final Judgment Costs Determination
Outcome
Indemnity costs ordered in the infringement proceeding from the date of settlement offers; entitlement proceeding costs on ordinary basis.
Legal Topics
['patents' 'costs' 'indemnity Costs' 'settlement Offers' 'infringement' 'entitlement' 'revocation']
['intellectual Property'] ['patents' 'costs' 'indemnity Costs' 'settlement Offers' 'infringement' 'entitlement' 'revocation']

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Procedural Posture

Intellectual Property – Patents / Post Final Judgment Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered in two related proceedings' 'Whether applicant unreasonably rejected settlement offers' 'Whether applicant’s conduct in litigation was sufficiently unreasonable to warrant indemnity costs']

Ratio Decidendi

Indemnity costs ordered only in the infringement proceeding due to Vector's unreasonable rejection of settlement offers; entitlement proceeding did not rise to the level of unreasonableness required for indemnity costs, as it remained arguable throughout.

Court Disposition

Indemnity costs ordered in the infringement proceeding from the date of settlement offers; entitlement proceeding costs on ordinary basis.

Orders

  • ['Order 3 of the orders made on 19 May 2021 vacated.' 'Vector to pay first to fifth respondents’/cross-claimants’ costs in QUD 649/2018: (a) party-party basis up to and including 25 June 2019; (b) indemnity basis from 26 June 2019.' "Respondents' costs in QUD 117/2019 in order 2 of orders made 9 March 2022 exclude...