NSI Dental Pty Ltd v The University of Melbourne [2005] FCA 144

NSI Dental Pty Ltd v The University of Melbourne [2005] FCA 144

Leave to amend particulars of invalidity is granted because the proposed amendments raise fairly arguable issues and any prejudice to the respondents is remediable by adjournment; the hearing dates are to be vacated, and the applicant is to pay the respondents' wasted costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
28 February 2005
Procedural Posture
Motion to Amend Particulars in Patent Dispute / Interlocutory (pre Trial)
Outcome
Application to amend particulars of invalidity granted, hearing dates vacated, applicant ordered to pay respondents' thrown away costs on an indemnity basis.
Legal Topics
['patents' 'amendment of Pleadings' 'case Management' 'costs']
['intellectual Property' 'practice and Procedure'] ['patents' 'amendment of Pleadings' 'case Management' 'costs']

Case Brief

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Procedural Posture

Motion to Amend Particulars in Patent Dispute / Interlocutory (pre Trial)

Legal Issues

  1. 1 ['Whether the applicant should be permitted to amend particulars of invalidity to introduce a lack of inventive step ground' 'Whether the respondents would be prejudiced by the late amendment and whether a vacation of the hearing dates is necessary' 'Whether indemnity costs should be awarded to the respondents']

Ratio Decidendi

Leave to amend particulars of invalidity is granted because the proposed amendments raise fairly arguable issues and any prejudice to the respondents is remediable by adjournment; the hearing dates are to be vacated, and the applicant is to pay the respondents' wasted costs on an indemnity basis.

Court Disposition

Application to amend particulars of invalidity granted, hearing dates vacated, applicant ordered to pay respondents' thrown away costs on an indemnity basis.

Orders

  • ['The application to amend the particulars of invalidity is granted.' 'The hearing dates be vacated.' 'The applicant pay any costs that the respondents incur or have incurred which are thrown away as a consequence of the amendments to the particulars of invalidity.']