Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) [2007] FCAFC 172

Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) [2007] FCAFC 172

Lockwood should recover its costs of trial and two Full Court appeals, subject to a discount of 15 per cent on trial costs and 20 per cent on costs of the second Full Court appeal, reflecting Doric's success on issues of infringement and novelty. Costs are to be taxed and paid forthwith.

Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Appeal / Costs Determination After Remittal From High Court
Outcome
Costs awarded to Lockwood, subject to discounts.
Legal Topics
['patent Validity' 'infringement' 'costs' 'remittal' 'novelty' 'obviousness' 'fair Basis']
['intellectual Property' 'patents'] ['patent Validity' 'infringement' 'costs' 'remittal' 'novelty' 'obviousness' 'fair Basis']

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Procedural Posture

Appeal / Costs Determination After Remittal From High Court

Legal Issues

  1. 1 ['Entitlement of Lockwood to recover costs of trial and appeals' "Extent and basis for discount in costs due to Doric's partial success on certain issues" "Relevance and effect of findings regarding patent claims' validity, novelty, obviousness and infringement"]

Ratio Decidendi

Lockwood should recover its costs of trial and two Full Court appeals, subject to a discount of 15 per cent on trial costs and 20 per cent on costs of the second Full Court appeal, reflecting Doric's success on issues of infringement and novelty. Costs are to be taxed and paid forthwith.

Court Disposition

Costs awarded to Lockwood, subject to discounts.

Orders

  • ['Lockwood to recover its costs on a party and party basis, subject to a discount of 15 per cent on the costs of the trial and 20 per cent on the costs of the second Full Court appeal.' 'Costs are to be taxed and paid forthwith.']