Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114

Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114

The Court ordered that Quaker Chemical pay 75% of Fuchs Lubricants' costs of and incidental to the claim and cross-claim at first instance, save for interlocutory costs orders previously made, and pay full costs of appeal and cross-appeal. The Court granted a stay of orders including declaration of patent invalidity pending determination of Quaker’s application for special leave to appeal and any further appeal, with associated undertakings.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Appeal and Cross Appeal / Final Judgment on Consequential Orders and Costs
Outcome
Appeal allowed, cross-appeal dismissed; patents declared invalid and revoked; consequential orders and costs orders made; stay granted pending special leave application and appeal.
Legal Topics
['patents' 'practice and Procedure' 'costs' 'stay Pending Appeal']
['intellectual Property'] ['patents' 'practice and Procedure' 'costs' 'stay Pending Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal and Cross Appeal / Final Judgment on Consequential Orders and Costs

Legal Issues

  1. 1 ['Whether there is a basis to depart from the ordinary rule that costs follow the event in appeal and cross-appeal' "Whether costs of the proceeding below should be discounted for parties' success and failure on certain issues" 'Whether a stay should be granted pending determination of special leave application and any appeal to the High Court' 'Whether power exists to stay declaration of patent invalidity']

Ratio Decidendi

The Court ordered that Quaker Chemical pay 75% of Fuchs Lubricants' costs of and incidental to the claim and cross-claim at first instance, save for interlocutory costs orders previously made, and pay full costs of appeal and cross-appeal. The Court granted a stay of orders including declaration of patent invalidity pending determination of Quaker’s application for special leave to appeal and any further appeal, with associated undertakings.

Court Disposition

Appeal allowed, cross-appeal dismissed; patents declared invalid and revoked; consequential orders and costs orders made; stay granted pending special leave application and appeal.

Orders

  • ['Claims 1-22 of Australian Standard Patent No. 2012304245 and claims 1-3 of Australian Innovation Patent No. 2013100458 declared invalid' 'Claims 1-22 of Australian Standard Patent No. 2012304245 and claims 1-3 of Australian Innovation Patent No. 2013100458 revoked pursuant to s 138 Patents Act 1990 (Cth)' 'Within...