Nu-World Industries (Pty) Ltd v Strix Ltd (1349/18) [2020] ZASCA 28; 2020 BIP 329 (SCA) (26 March 2020)

Nu-World Industries (Pty) Ltd v Strix Ltd (1349/18) [2020] ZASCA 28; 2020 BIP 329 (SCA) (26 March 2020)

The Supreme Court of Appeal held that the damages or royalties enquiry is limited to the three controls previously found to infringe the patent. The order's interdictory relief is forward-looking and may cover future infringements, but the damages enquiry is restricted to actionable past conduct as determined in the separated infringement issue. The finality of the judgment on the separated issue precludes the introduction of new alleged infringements during the damages phase. The court found that the amendment sought by Strix would improperly expand the scope of the damages enquiry and is therefore impermissible. The appeal was upheld, and the order allowing the amendment was set aside.

Citation
[2020] ZASCA 28
Parties
Appellant: Nu-World Industries (Pty) Ltd; Respondent: Strix Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 2020
Case Number
1349/18
Procedural Posture
Civil Appeal / Appeal From the Court of the Commissioner of Patents, Pretoria
Outcome
Appeal upheld; order of first instance set aside and substituted. Amendment application granted only in respect of paragraphs 3, 4, and 5; otherwise dismissed with costs.
Judges
Maya, Mbha, Van der Merwe, Mokgohloa, Gorven
Legal Topics
Patent Infringement, Interpretation of Court Orders, Separation of Issues, Damages Enquiry
Intellectual Property Civil Procedure Patent Infringement Interpretation of Court Orders Separation of Issues Damages Enquiry

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 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Nu-World Industries (Pty) Ltd

Appellant

Strix Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court of the Commissioner of Patents, Pretoria

Legal Issues

  1. 1 Whether the order of the Supreme Court of Appeal permits the introduction of new alleged patent infringements during the damages or royalties enquiry.
  2. 2 Whether the damages enquiry may consider controls not previously found to infringe the patent.
  3. 3 Whether the amendment to the declaration sought by Strix is permissible in light of the finality of the separated infringement issue.

Ratio Decidendi

The Supreme Court of Appeal held that the damages or royalties enquiry is limited to the three controls previously found to infringe the patent. The order's interdictory relief is forward-looking and may cover future infringements, but the damages enquiry is restricted to actionable past conduct as determined in the separated infringement issue. The finality of the judgment on the separated issue precludes the introduction of new alleged infringements during the damages phase. The court found that the amendment sought by Strix would improperly expand the scope of the damages enquiry and is therefore impermissible. The appeal was upheld, and the order allowing the amendment was set aside.

Court Disposition

Appeal upheld; order of first instance set aside and substituted. Amendment application granted only in respect of paragraphs 3, 4, and 5; otherwise dismissed with costs.

Orders

  • The appeal is upheld with costs to the extent reflected in paragraph 2.
  • The order of the court of first instance is set aside and substituted as follows: Paragraphs 3, 4 and 5 of the application to amend are granted.