Vald Performance Pty Ltd v Kangatech Pty Ltd [2021] FCA 539

Vald Performance Pty Ltd v Kangatech Pty Ltd [2021] FCA 539

The Court ordered Kangatech to provide details of the content of the changes made to the KT360 Version 2 product to bring about Version 3 because those matters lay entirely within Kangatech's knowledge and Vald required that information to assess whether the modified device infringed the patent claims.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Intellectual Property Patent Proceeding Concerning Alleged Infringement of Australian Standard Patent No. 2012388708 / Directions Hearing / Case Management Hearing
Outcome
Kangatech was ordered to provide information about the KT360 Version 3 modifications within 21 days; liberty to apply was granted; costs of the directions hearing were made costs in the cause.
Legal Topics
['patent Infringement Pleadings' 'particulars' 'product Modification' 'case Management Directions' 'inspection of Alleged Infringing Device']
['intellectual Property' 'patents' 'federal Court Procedure'] ['patent Infringement Pleadings' 'particulars' 'product Modification' 'case Management Directions' 'inspection of Alleged Infringing Device']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Intellectual Property Patent Proceeding Concerning Alleged Infringement of Australian Standard Patent No. 2012388708 / Directions Hearing / Case Management Hearing

Legal Issues

  1. 1 ['Whether Kangatech should provide details of the changes made to the KT360 Version 2 product so as to bring about the KT360 Version 3 disabling the Nordic curl function.' 'Whether Vald had sufficient information to determine whether the modified KT360 Version 3 fell outside the claims of the patent in suit.' "Whether Kangatech's denial of infringement was confined to the pleaded points of distinction in paragraphs 10(d)(ii) and 10(e)(ii) of the amended defence."]

Ratio Decidendi

The Court ordered Kangatech to provide details of the content of the changes made to the KT360 Version 2 product to bring about Version 3 because those matters lay entirely within Kangatech's knowledge and Vald required that information to assess whether the modified device infringed the patent claims.

Court Disposition

Kangatech was ordered to provide information about the KT360 Version 3 modifications within 21 days; liberty to apply was granted; costs of the directions hearing were made costs in the cause.

Orders

  • ["The respondent provide to the applicant, within 21 days, details of the content of the changes made to the respondent's product described as the KT360 Version 2 so as to bring about the KT360 Version 3 disabling the Nordic curl function, as described at [17] to [26] of the reasons accompanying these orders." "The...