INTELLECTUAL PROPERTY – confidentiality – interlocutory application to strike out parts of statement of claim – confidential information disclosed during employment for developing and testing system – contractual obligations of confidence – equitable obligations of confidence – confidentiality claims in statement of claim said to be untenable due to finding in related proceeding that patent invalid – abuse of process – making invention ‘publicly available’ leading to lack of novelty for the purposes of patent law does not necessarily destroy confidentiality – relevance of express contractual confidentiality obligations – lack of identity between invention and specified confidential information about the invention – strike out application dismissed PRACTICE AND PROCEDURE – cross-claim seeking declaration that patent invalid – whether to order discontinuance – objection on grounds that discontinuance allows the claim to be revived – possibility of revival entirely theoretical as findings in related proceeding revoked the patent – cross-claim to be discontinued COSTS – offer to compromise patent invalidity claim and cross-claim – rejection of offer unreasonable – entitlement to indemnity costs
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1608For more information, see the original judgement.
