Cave Holdings Pty Ltd & Anor v. Taperline Pty Ltd & Ors [1985] FCA 169

Cave Holdings Pty Ltd & Anor v. Taperline Pty Ltd & Ors [1985] FCA 169

Only the tenders, contracts, sales invoices, contract files and correspondence relating to the manufacture and sale of the raising and lowering columns were discoverable because they were material to the issue of infringement by sale and could evidence sales constituting infringement. The other requested categories were not discoverable because they did not bear on the pleaded infringements, related to anterior design or manufacturing methods, marketing, legal opinions, licensing correspondence, or provisional layouts, and would not advance the infringement issue as pleaded.

Jurisdiction
Australia
Judgment Date
24 April 1985
Procedural Posture
Application for Particular Discovery in Patent Infringement Proceedings / Interlocutory Application
Outcome
Application for particular discovery allowed in part and otherwise refused.
Legal Topics
['particular Discovery' 'patent Infringement' 'relevance of Documents to Pleaded Infringement' 'raising and Lowering Lighting Columns']
['civil Procedure' 'patent Law'] ['particular Discovery' 'patent Infringement' 'relevance of Documents to Pleaded Infringement' 'raising and Lowering Lighting Columns']

Case Brief

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Procedural Posture

Application for Particular Discovery in Patent Infringement Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the cross-respondents should give particular discovery of categories of documents relating to raising and lowering columns.' 'Whether documents concerning design, manufacture, marketing, legal opinions, licensing requests, or provisional layouts were relevant to the pleaded issue of patent infringement.' 'Whether tenders, contracts, sales invoices, contract files and correspondence relating to manufacture and sale of the relevant columns were discoverable.']

Ratio Decidendi

Only the tenders, contracts, sales invoices, contract files and correspondence relating to the manufacture and sale of the raising and lowering columns were discoverable because they were material to the issue of infringement by sale and could evidence sales constituting infringement. The other requested categories were not discoverable because they did not bear on the pleaded infringements, related to anterior design or manufacturing methods, marketing, legal opinions, licensing correspondence, or provisional layouts, and would not advance the infringement issue as pleaded.

Court Disposition

Application for particular discovery allowed in part and otherwise refused.

Orders

  • ['Order that the cross-respondents file and serve on or before 30 April 1985 an affidavit stating whether any document of the class described in the schedule has been in their possession, custody or power and, if it has been but is not then in their possession, custody or power, when they parted with it and what has...