Caterpillar Inc v John Deere Ltd [1999] FCA 1503

Caterpillar Inc v John Deere Ltd [1999] FCA 1503

The trial judge erred by not considering whether the inferences advanced by Caterpillar were open on the evidence. The evidence and documents permitted, at least, the inferences needed for a prima facie case of joint tortfeasorship or authorisation by Deere USA. Accordingly, Caterpillar had established a prima facie case sufficient for the grant of leave to join Deere USA and serve process outside Australia.

Parties
Appellant: Caterpillar Inc.; First Respondent: John Deere Limited (ACN 008 671 725); Second Respondent: QAS Wholesalers Pty Ltd (ACN 005 508 609); Third Respondent: Agro Machinery Pty Ltd (ACN 009 372 150)
Jurisdiction
Australia
Judgment Date
01 November 1999
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Patents, Infringement, Joinder of Parties, Prima Facie Case, Authorisation of Infringement, Service Outside Jurisdiction
Intellectual Property Patents Infringement Joinder of Parties Prima Facie Case Authorisation of Infringement Service Outside Jurisdiction

Case Brief

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Parties

Caterpillar Inc.

Appellant

John Deere Limited (ACN 008 671 725)

First Respondent

QAS Wholesalers Pty Ltd (ACN 005 508 609)

Second Respondent

Agro Machinery Pty Ltd (ACN 009 372 150)

Third Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether leave should be granted to join Deere & Company (Deere USA) as a respondent and to serve process outside Australia
  2. 2 Whether Caterpillar established a prima facie case of liability as joint tortfeasor or for authorisation of infringement by Deere USA
  3. 3 Whether the primary judge erred by giving decisive weight to the evidence of Deere Australia's managing director and by not considering whether the requisite inferences were open on the evidence

Ratio Decidendi

The trial judge erred by not considering whether the inferences advanced by Caterpillar were open on the evidence. The evidence and documents permitted, at least, the inferences needed for a prima facie case of joint tortfeasorship or authorisation by Deere USA. Accordingly, Caterpillar had established a prima facie case sufficient for the grant of leave to join Deere USA and serve process outside Australia.

Court Disposition

Appeal allowed

Orders

  • Leave granted to appeal
  • Appeal allowed