Caffitaly System S.P.A. v One Collective Group Pty Ltd (No 2) [2021] FCAFC 164

Although Caffitaly succeeded on one issue (inventive step for the 627 patent), this success was of limited significance as the findings on non-infringement were upheld and the respondents otherwise succeeded on all issues; therefore, Caffitaly should pay the respondents’ costs of the appeal and there should be no variation to the costs orders at first instance.

Jurisdiction: Australia
Judgment Date: 15 September 2021
Procedural Posture: Appeal / Costs Order Post Judgment
Outcome: Appellant to pay respondents' costs of the appeal; no variation to costs at first instance.
Legal Topics: ['practice and Procedure' 'costs' 'patents']

['intellectual Property'] ['practice and Procedure' 'costs' 'patents']

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

Procedural Posture

Appeal / Costs Order Post Judgment

Legal Issues

1 ['Whether costs should be apportioned following partial success in appeal' 'Whether orders for costs at first instance should be varied']

Ratio Decidendi

Court Disposition

Appellant to pay respondents' costs of the appeal; no variation to costs at first instance.

Orders

["The appellant pay the respondents' costs of the appeal, as agreed or assessed." 'There be no variation to the costs orders made by the primary judge with respect to the proceeding at first instance.']