Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 2) [2020] FCA 447

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 2) [2020] FCA 447

The applicant's proposed division was appropriate: liability issues, including liability for additional damages and innocent infringement, should be determined before quantum, while allegations of impermissible double-recovery should be determined when quantum of damages is assessed.

Jurisdiction
Australia
Judgment Date
06 April 2020
Procedural Posture
Patent Infringement Proceeding and Cross Claim for Revocation of Patents / Determination on the Papers of Competing Orders for Separation of Liability and Quantum
Outcome
Orders made separating determination of quantum from determination of liability and patent validity, with specified issues allocated between liability and quantum.
Legal Topics
['separation of Liability and Quantum' 'patent Infringement' 'patent Validity' 'additional Damages' 'innocent Infringement' 'double Recovery' 'limitation Period' 'authorisation of Infringement']
['practice and Procedure' 'intellectual Property' 'patents'] ['separation of Liability and Quantum' 'patent Infringement' 'patent Validity' 'additional Damages' 'innocent Infringement' 'double Recovery' 'limitation Period' 'authorisation of Infringement']

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Procedural Posture

Patent Infringement Proceeding and Cross Claim for Revocation of Patents / Determination on the Papers of Competing Orders for Separation of Liability and Quantum

Legal Issues

  1. 1 ['Whether quantum of pecuniary relief should be heard and determined separately from, and after, determination of liability for infringement and patent validity.' 'Whether liability for additional damages should be determined with liability for infringement or with assessment of damages.' 'Whether innocent infringement should be determined with liability for infringement or with assessment of damages.' 'Whether alleged double-recovery should be determined with liability for infringement or with assessment of damages.']

Ratio Decidendi

The applicant's proposed division was appropriate: liability issues, including liability for additional damages and innocent infringement, should be determined before quantum, while allegations of impermissible double-recovery should be determined when quantum of damages is assessed.

Court Disposition

Orders made separating determination of quantum from determination of liability and patent validity, with specified issues allocated between liability and quantum.

Orders

  • ['Pursuant to r 30.01 of the Federal Court Rules 2011 (Cth), the quantum of any pecuniary relief be heard and determined separately from, and after, the determination of all issues of liability for infringement and patent validity.' "For the avoidance of doubt: (a) the issues of liability for infringement include...