Voxson Pty Limited v Telstra Corporation Limited (No 5) [2016] FCA 1097

Voxson Pty Limited v Telstra Corporation Limited (No 5) [2016] FCA 1097

The additional wording sought by Voxson in the amended pleadings is unnecessary absent any explicit pleading by the respondents regarding the characterisation of the 'special signalling layer'; corresponded to' suffices at this stage. Immediate taxation of costs is not warranted, as there was no unacceptable or unreasonable conduct by Voxson in pursuing the amendment.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Intellectual Property / Post Interlocutory Amendment, Directions Hearing
Outcome
Amendment to pleadings not permitted in the proposed form; immediate taxation of costs refused; parties directed to bring in short minutes and case listed for directions hearing.
Legal Topics
['pleadings Amendment' 'construction of Patent Claims' 'costs of Proceedings']
['intellectual Property' 'patents'] ['pleadings Amendment' 'construction of Patent Claims' 'costs of Proceedings']

Case Brief

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Procedural Posture

Intellectual Property / Post Interlocutory Amendment, Directions Hearing

Legal Issues

  1. 1 ["Whether Voxson should be allowed to amend its pleading (par 409 and others) to alter how it describes the 'special signalling layer' in reference to the patent;" 'Whether Optus may immediately have its costs taxed as previously ordered against Voxson.']

Ratio Decidendi

The additional wording sought by Voxson in the amended pleadings is unnecessary absent any explicit pleading by the respondents regarding the characterisation of the 'special signalling layer'; corresponded to' suffices at this stage. Immediate taxation of costs is not warranted, as there was no unacceptable or unreasonable conduct by Voxson in pursuing the amendment.

Court Disposition

Amendment to pleadings not permitted in the proposed form; immediate taxation of costs refused; parties directed to bring in short minutes and case listed for directions hearing.

Orders

  • ['The parties bring in short minutes of order by 13 September 2016 to give effect to these reasons.' 'The matter be listed for further directions on 15 November 2016 at 9.30am.' 'Costs of the directions hearing on 30 August 2016 are to be costs in the cause.' 'The matters listed for trial commencing 5 March 2018.']