PRACTICE AND PROCEDURE – patents – application for stay of remitted proceeding – where High Court upheld primary judge’s declaration that the respondent infringed the first applicant’s patent – where High Court made an order declaring that the first applicant is entitled to damages and pre-judgment interest and an order remitting the proceeding for the recalculation of damages and pre-judgment interest – where the Commissioner of Patents (the Commissioner) granted the respondent a licence to exploit the invention claimed in the patent – where applicant has a pending application in the Administrative Appeals Tribunal (the Tribunal) for review of the Commissioner’s decision – where High Court also made an order granting liberty to apply for a stay of the remitted proceeding pending the final determination of the Tribunal review
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0740
For more information, see the original judgement.