SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 2) [2011] FCA 656

SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 2) [2011] FCA 656

Declarations regarding validity and infringement of patents are appropriate despite findings based in part on admissions, as they clarify rights and obligations for the parties and public, and form the necessary basis for remedial orders. Costs concerning certain issues (Carborough Downs) should not be awarded against the cross-claimant nor to the applicant, and damages, including additional damages, will be addressed in a later stage.

Parties
Applicant/cross Respondent: SNF (Australia) Pty Ltd; First Respondent/cross Claimant: Ciba Speciality Chemicals Water Treatments Limited; Second Respondent: Ciba (Australia) Pty Ltd; Third Respondent: The Commissioner of Patents
Jurisdiction
Australia
Judgment Date
09 June 2011
Procedural Posture
Patent Infringement and Validity Dispute / Post Trial Judgment on Remedies, Declarations and Costs
Outcome
Cross-claim for patent infringement upheld; declarations and injunctive relief granted; assessment of damages, including additional damages, deferred; costs awarded against applicant subject to carve-out for Carborough Downs issue; applicant's application dismissed.
Legal Topics
Patents, Infringement, Declaratory Relief, Costs, Damages, Injunctions
Intellectual Property Practice and Procedure Patents Infringement Declaratory Relief Costs Damages Injunctions

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Parties

SNF (Australia) Pty Ltd

Applicant/cross Respondent

Ciba Speciality Chemicals Water Treatments Limited

First Respondent/cross Claimant

Ciba (Australia) Pty Ltd

Second Respondent

The Commissioner of Patents

Third Respondent

Procedural Posture

Patent Infringement and Validity Dispute / Post Trial Judgment on Remedies, Declarations and Costs

Legal Issues

  1. 1 Whether declarations of infringement should be granted where findings partially rest on admissions
  2. 2 Whether costs should be awarded against successful cross-claimant for issues not pursued at trial
  3. 3 Whether additional damages should be addressed at this stage of proceedings

Ratio Decidendi

Declarations regarding validity and infringement of patents are appropriate despite findings based in part on admissions, as they clarify rights and obligations for the parties and public, and form the necessary basis for remedial orders. Costs concerning certain issues (Carborough Downs) should not be awarded against the cross-claimant nor to the applicant, and damages, including additional damages, will be addressed in a later stage.

Court Disposition

Cross-claim for patent infringement upheld; declarations and injunctive relief granted; assessment of damages, including additional damages, deferred; costs awarded against applicant subject to carve-out for Carborough Downs issue; applicant's application dismissed.

Orders

  • Each of the claims of Innovation Patents 2006100744, 2006100944, 2007100377, 2007100834 and 2008100396 is valid.
  • Upon admission, the cross-respondent (SNF) has infringed certain patents by exploiting the Patented Process at Bulga Coal Mine and Cowal Gold Mine, and by authorising or joining in a common design, without licence or authority.