Voxson Pty Ltd v Telstra Corporation Limited (No 9) [2018] FCA 227

Voxson Pty Ltd v Telstra Corporation Limited (No 9) [2018] FCA 227

Questions 11, 12, 14, and 15 regarding sufficiency are directly in issue on the pleadings, correctly framed in law, and not unfair to the applicant; thus, they should be included in the joint experts' report.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Patent Infringement and Invalidity Proceedings / Pre Trial Interlocutory Order Regarding Joint Expert Report
Outcome
Contested questions are to be included in the joint experts' report; interlocutory order made
Legal Topics
['patents' 'expert Evidence' 'sufficiency of Disclosure']
['intellectual Property'] ['patents' 'expert Evidence' 'sufficiency of Disclosure']

Case Brief

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

Patent Infringement and Invalidity Proceedings / Pre Trial Interlocutory Order Regarding Joint Expert Report

Legal Issues

  1. 1 ['Whether disputed questions may be put to experts for the joint expert report in patent proceedings' 'Whether specification describes invention fully (sufficiency) as required by s 40(2)(a) of the Patents Act 1990 (Cth)']

Ratio Decidendi

Questions 11, 12, 14, and 15 regarding sufficiency are directly in issue on the pleadings, correctly framed in law, and not unfair to the applicant; thus, they should be included in the joint experts' report.

Court Disposition

Contested questions are to be included in the joint experts' report; interlocutory order made

Orders

  • ["The questions asked for the purposes of the joint experts' report include proposed questions 11, 12, 14 and 15."]