Glueck v Stang (No 2) [2008] FCA 1439

Glueck v Stang (No 2) [2008] FCA 1439

The applicant is liable for party/party costs of former respondents up to discontinuance, and for costs thrown away by amendments to pleadings, quantified as gross sums according to Federal Court Rules; payment timelines set, with liberty for the third respondent to apply for an order regarding the payment schedule.

Parties
Applicant: Bruno Anthony Glueck; First Respondent: Maurice Stang; Second Respondent: Steven Kritzler; Third Respondent: Novapharm Research (Australia) Pty Limited (ACN 003 086 637); Fourth Respondent: Hyo Sang Kwon; Fifth Respondent: Carol Ditterick; Sixth Respondent: Aeris Technologies Ltd (ACN 093 977 336)
Jurisdiction
Australia
Judgment Date
03 September 2008
Procedural Posture
Proceeding for Revocation of Patent / Costs Judgment Following Discontinuance and Amendment of Pleadings
Outcome
Costs awarded to respondents and quantified; orders for applicant to pay specified sums by set dates, with further liberty to apply.
Legal Topics
Patent Revocation, Costs Orders, Quantification of Costs
Intellectual Property Patent Revocation Costs Orders Quantification of Costs

Case Brief

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Parties

Bruno Anthony Glueck

Applicant

Maurice Stang

First Respondent

Steven Kritzler

Second Respondent

Novapharm Research (Australia) Pty Limited (ACN 003 086 637)

Third Respondent

Hyo Sang Kwon

Fourth Respondent

Carol Ditterick

Fifth Respondent

Aeris Technologies Ltd (ACN 093 977 336)

Sixth Respondent

Procedural Posture

Proceeding for Revocation of Patent / Costs Judgment Following Discontinuance and Amendment of Pleadings

Legal Issues

  1. 1 Should the applicant pay the costs of respondents after discontinuance?
  2. 2 What is the appropriate quantification for party/party costs thrown away by amendments?

Ratio Decidendi

The applicant is liable for party/party costs of former respondents up to discontinuance, and for costs thrown away by amendments to pleadings, quantified as gross sums according to Federal Court Rules; payment timelines set, with liberty for the third respondent to apply for an order regarding the payment schedule.

Court Disposition

Costs awarded to respondents and quantified; orders for applicant to pay specified sums by set dates, with further liberty to apply.

Orders

  • Applicant to pay costs of Maurice Stang, Steven Kritzler, and Carol Ditterick to extent not already covered by prior orders.
  • Applicant to pay Novapharm's costs thrown away due to amendments to pleadings between 30 May 2008 and 23 July 2008, to extent not already covered by prior orders.