Voxson Pty Limited v Telstra Corporation Limited (No 4) [2016] FCA 915

Voxson Pty Limited v Telstra Corporation Limited (No 4) [2016] FCA 915

The applicant's proposed construction of the patent claim was not plainly untenable; there is sufficient textual basis in the patent specification to permit the matter to proceed to trial. Accordingly, leave to amend is granted, subject to removing references to transmission along the control channel, as now accepted by the applicant.

Parties
Applicant: Voxson Pty Limited; First Respondent: Telstra Corporation Limited; Third Respondent: Optus Mobile Pty Limited; Fifth Respondent: Vodafone Hutchison Australia Pty Limited; Sixth Respondent: Optus Networks Pty Limited
Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Interlocutory Application in Patent Infringement Proceedings / Application for Leave to Amend Pleadings
Outcome
Leave to amend granted (with required amendments) and costs ordered as specified.
Legal Topics
Application for Leave to Amend Pleadings, Patent Infringement, Construction of Patent Claims
Intellectual Property Patents Application for Leave to Amend Pleadings Patent Infringement Construction of Patent Claims

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Parties

Voxson Pty Limited

Applicant

Telstra Corporation Limited

First Respondent

Optus Mobile Pty Limited

Third Respondent

Vodafone Hutchison Australia Pty Limited

Fifth Respondent

Optus Networks Pty Limited

Sixth Respondent

Procedural Posture

Interlocutory Application in Patent Infringement Proceedings / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the statements of claim and originating application
  2. 2 Proper construction of 'special signalling layer' in claim 1 of Australian Standard Patent No 676242

Ratio Decidendi

The applicant's proposed construction of the patent claim was not plainly untenable; there is sufficient textual basis in the patent specification to permit the matter to proceed to trial. Accordingly, leave to amend is granted, subject to removing references to transmission along the control channel, as now accepted by the applicant.

Court Disposition

Leave to amend granted (with required amendments) and costs ordered as specified.

Orders

  • The parties bring in short minutes of order within 14 days to give effect to these reasons.
  • The matter be listed for further directions on 30 August 2016 at 9.30am.