Caterpillar Inc v John Deere Ltd [1999] FCA 517

Caterpillar Inc v John Deere Ltd [1999] FCA 517

Caterpillar Inc. did not make out a prima facie case that Deere & Company (Deere US) was liable as a joint tortfeasor or for authorisation beyond ordinary supply of goods and incidental support; the evidence showed no actual control or involvement sufficient to constitute a common design or authorisation of infringement.

Parties
Applicant: Caterpillar Inc.; First Respondent: John Deere Limited; Second Respondent: QAS Wholesalers Pty Ltd; Third Respondent: Agro Machinery Pty Ltd
Jurisdiction
Australia
Judgment Date
28 April 1999
Procedural Posture
Patent Infringement Action / Interlocutory Application (notice of Motion) Seeking Leave to Join and Serve Party Out of Jurisdiction
Outcome
Applicant's motion dismissed with costs
Legal Topics
Patent Infringement, Authorisation, Joint Tortfeasor Liability, Jurisdiction, Discretion to Grant Leave to Serve Out of Jurisdiction, Corporate Organisation, Discovery Procedures
Intellectual Property Patents Patent Infringement Authorisation Joint Tortfeasor Liability Jurisdiction Discretion to Grant Leave to Serve Out of Jurisdiction Corporate Organisation +1 more

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Parties

Caterpillar Inc.

Applicant

John Deere Limited

First Respondent

QAS Wholesalers Pty Ltd

Second Respondent

Agro Machinery Pty Ltd

Third Respondent

Procedural Posture

Patent Infringement Action / Interlocutory Application (notice of Motion) Seeking Leave to Join and Serve Party Out of Jurisdiction

Legal Issues

  1. 1 Whether Caterpillar Inc. has made out a prima facie case against Deere & Company (Deere US) as joint tortfeasor or for authorisation
  2. 2 Whether leave should be granted for service out of jurisdiction under O 8 r 2(2)(c)
  3. 3 Whether trial of issues against Deere US should be postponed

Ratio Decidendi

Caterpillar Inc. did not make out a prima facie case that Deere & Company (Deere US) was liable as a joint tortfeasor or for authorisation beyond ordinary supply of goods and incidental support; the evidence showed no actual control or involvement sufficient to constitute a common design or authorisation of infringement.

Court Disposition

Applicant's motion dismissed with costs

Orders

  • Applicant's motion by notice dated 20 November 1998 is dismissed with costs, including reserved costs.
  • Applicant has leave to file and serve within seven days submissions as to why costs should not be taxed and paid forthwith pursuant to O 62 r 3(2).