Vald Performance Pty Ltd v Kangatech Pty Ltd (No 3) [2021] FCA 1265

Vald Performance Pty Ltd v Kangatech Pty Ltd (No 3) [2021] FCA 1265

The respondent is to file and serve affidavits supporting its case in the manner set out in its amended defence by the specified date, without requiring a complete restatement of pleadings by the applicant. The procedural course is shaped by the existing record and earlier case management orders, as the case has already been adequately pleaded and evidence adduced by the applicant.

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Patent Infringement Proceedings / Case Management/directions Orders
Outcome
Procedural orders made; evidence timetable set; costs reserved
Legal Topics
['patents' 'patent Infringement' 'procedural Orders' 'evidence Filing']
['intellectual Property'] ['patents' 'patent Infringement' 'procedural Orders' 'evidence Filing']

Case Brief

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Procedural Posture

Patent Infringement Proceedings / Case Management/directions Orders

Legal Issues

  1. 1 ["Whether respondent's devices infringe the applicant's patent claims" 'Whether software modifications impact infringement' 'Procedural requirements for further pleading and evidence']

Ratio Decidendi

The respondent is to file and serve affidavits supporting its case in the manner set out in its amended defence by the specified date, without requiring a complete restatement of pleadings by the applicant. The procedural course is shaped by the existing record and earlier case management orders, as the case has already been adequately pleaded and evidence adduced by the applicant.

Court Disposition

Procedural orders made; evidence timetable set; costs reserved

Orders

  • ['By 4.00pm on 7 December 2021, the respondent is to file and serve any affidavits on which it proposes to rely by way of evidence-in-chief on the question of validity and in answer on the question of infringement.' 'The costs of the directions hearing on 24 August 2021 are reserved.' 'Orders and reasons for...