BlueScope Steel Limited v Dongkuk Steel Mill Co., Ltd (No 3)

BlueScope Steel Limited and Dongkuk Steel Mill Co., Ltd were engaged in litigation over the validity and infringement of two Australian patents. The dispute was heard by the Federal Court of Australia. BlueScope Steel, the patent holder, filed a lawsuit against Dongkuk Steel, alleging infringement of several claims in two patents related to metal-coated steel strip. Dongkuk Steel responded by filing a cross-claim, challenging the validity of the patents.

The court was tasked with determining the validity of specific claims in the patents, the infringement of those claims by Dongkuk Steel, and whether BlueScope Steel was entitled to amend the patents during the proceedings. Additionally, the court had to consider the appropriate apportionment of costs between the parties.

The Federal Court ruled that several claims in both patents were invalid. It also found that Dongkuk Steel did not infringe the valid claims and dismissed BlueScope Steel's application to amend the patents. The court ordered that the invalid claims be revoked and that BlueScope Steel pay two-thirds of Dongkuk Steel's costs. The stay on the revocation orders was set for 28 days, extendable if an appeal was filed within that period. The court further ordered that BlueScope Steel must prosecute any appeal expeditiously and refrain from asserting the invalid claims against third parties during the appeal period.

The court's final orders included the invalidation and revocation of specific patent claims, dismissal of the cross-claim, and an apportionment of costs between the parties. BlueScope Steel was also required to provide a copy of the court's orders to the Commissioner of Patents and to undertake certain obligations if it chose to appeal the decision.