PAC Mining Pty Ltd v Esco Corporation

THE COURT 1 These reasons deal with questions of costs which have arisen as a result of our judgment on 4 March 2009 in this appeal: PAC Mining Pty Ltd v Esco Corporation [2009] FCAFC 18. 2 The case before the primary Judge involved an action for patent infringement by the now respondents in relation to two claims in one patent (referred to as "Jones II") and one claim in another (referred to as "Jones III"). The now appellants defended the action by denying the allegations of infringement and by contending that both patents were invalid on the grounds of lack of novelty, obviousness, and want of fair basis. They also cross-claimed for revocation on those same grounds. The primary Judge held for the respondents with respect to each of the appellants' invalidity grounds. On the infringement action as such, his Honour held for the appellants under one of the patents (Jones II), and for the respondents under the other (Jones III). 3 By way of final disposition of the Application and Cross-claim, the primary Judge made the following orders: In the following orders: · "Hensley System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 11 to 14 of the Statement of Claim dated 6 June 2006. · "CQMS System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 17 to 18 of the Statement of Claim dated 6 June 2006. · "PAC Mining System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 15 to 16 of the Statement of Claim dated 6 June 2006. · "CQMS Lower Wing System" means the wear assembly for the digging edge of various excavating equipment comprising a lower wing shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 19 to 20 of the Statement of Claim dated 6 June 2006. · "Jones II" means Australian patent no 696,335. · "Jones III" means Australian patent no 743,348. · "Infringing Articles" means the Hensley System, the PAC Mining System, the CQMS System and the CQMS Ldower Wing System. THE COURT: