Group One Limited v GTE Gesellschraft Fur Technische Entwicklungen GmbH (No 2) [2023] FCA 366

Group One Limited v GTE Gesellschraft Fur Technische Entwicklungen GmbH (No 2) [2023] FCA 366

The referee's report was adopted in whole because the referee understood the scope of the inquiry, accorded procedural fairness, addressed only the questions referred, and determined each matter by reference to relevant law applied to the facts found. The applicant did not identify any basis to vary or reject the report, and the respondents' attempt to re-agitate patent infringement was irrelevant to the adoption application. Judgment was therefore entered in accordance with the referee's opinions, with additional unchallenged post-report interest and indemnity costs added.

Jurisdiction
Australia
Judgment Date
24 April 2023
Procedural Posture
Patent Infringement Proceeding; Application to Adopt Referee's Report on Damages, Interest and Costs / Determined on the Papers
Outcome
The referee's report was adopted in whole and judgment was entered for the applicant for damages, interest and costs.
Legal Topics
['patents' 'patent Infringement Damages' 'additional Damages' 'pre Judgment Interest' 'referee Report' 'lump Sum Costs']
['intellectual Property' 'practice and Procedure'] ['patents' 'patent Infringement Damages' 'additional Damages' 'pre Judgment Interest' 'referee Report' 'lump Sum Costs']

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Procedural Posture

Patent Infringement Proceeding; Application to Adopt Referee's Report on Damages, Interest and Costs / Determined on the Papers

Legal Issues

  1. 1 ["Whether the referee's report dated 23 December 2022 should be adopted in whole under s 54A(3) of the Federal Court of Australia Act 1976 (Cth) and r 28.67 of the Federal Court Rules 2011 (Cth)." "Whether judgment should be entered for damages, interest and costs in accordance with the referee's opinions." 'Whether additional pre-judgment interest and costs accrued after the report should be awarded.']

Ratio Decidendi

The referee's report was adopted in whole because the referee understood the scope of the inquiry, accorded procedural fairness, addressed only the questions referred, and determined each matter by reference to relevant law applied to the facts found. The applicant did not identify any basis to vary or reject the report, and the respondents' attempt to re-agitate patent infringement was irrelevant to the adoption application. Judgment was therefore entered in accordance with the referee's opinions, with additional unchallenged post-report interest and indemnity costs added.

Court Disposition

The referee's report was adopted in whole and judgment was entered for the applicant for damages, interest and costs.

Orders

  • ['Pursuant to s 54A(3) of the Federal Court of Australia Act 1976 (Cth), the report of Judicial Registrar Schmidt dated 23 December 2022 be adopted in whole.' 'Pursuant to s 122 of the Patents Act 1990 (Cth), the respondents pay damages to the applicant in the amount of $353,338.00.' 'Pursuant to s 51A of the...