Davies v Lazer Safe Pty Ltd (No 2) [2019] FCAFC 118

Davies v Lazer Safe Pty Ltd (No 2) [2019] FCAFC 118

The appeal and cross-appeal were unsuccessful. The costs for the appeal and cross-appeal are to be treated as relating to separate events; the appellants must pay the costs of the appeal, and the cross-appellant must pay the costs of the cross-appeal, in accordance with the ordinary rule that costs follow the event.

Parties
First Appellant/first Cross Respondent: Kevin Stephen Davies; Second Appellant/second Cross Respondent: Triclops Technologies Pty Ltd; Respondent/cross Appellant: Lazer Safe Pty Ltd
Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Appeal / Post Judgment (costs Orders)
Outcome
Costs orders made; appeal and cross-appeal dismissed.
Legal Topics
Patents, Costs, Appeal, Patent Infringement, Patent Validity
Intellectual Property Patents Costs Appeal Patent Infringement Patent Validity

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Stephen Davies

First Appellant/first Cross Respondent

Triclops Technologies Pty Ltd

Second Appellant/second Cross Respondent

Lazer Safe Pty Ltd

Respondent/cross Appellant

Procedural Posture

Appeal / Post Judgment (costs Orders)

Legal Issues

  1. 1 Appropriate apportionment of costs following appeal and cross-appeal involving patent infringement and validity.
  2. 2 Whether patent infringement claim and patent invalidity cross-claim should be treated globally or as separate events for costs.

Ratio Decidendi

The appeal and cross-appeal were unsuccessful. The costs for the appeal and cross-appeal are to be treated as relating to separate events; the appellants must pay the costs of the appeal, and the cross-appellant must pay the costs of the cross-appeal, in accordance with the ordinary rule that costs follow the event.

Court Disposition

Costs orders made; appeal and cross-appeal dismissed.

Orders

  • The appellants pay the costs of the appeal.
  • The cross-appellant pay the costs of the cross-appeal.