Shelford Services Pty Limited v Baylor Research Institute

In the case of Shelford Services Pty Limited v Baylor Research Institute, the applicant, Shelford Services, sought an extension of time to file evidence in answer to an opposition against a patent application. The primary issue before the court was whether the applicant had acted promptly and diligently and whether there were exceptional circumstances warranting an extension of time. The applicant argued that it had made all reasonable efforts to comply with the filing requirements and that the opponent's failure to particularise certain documents in their evidence-in-support constituted an exceptional circumstance. The court found that the applicant had indeed acted promptly and diligently, but that no exceptional circumstances were present. The applicant had experienced similar difficulties in securing expert witnesses as the opponent, and thus, the opponent's additional evidence did not constitute an exceptional circumstance.

The court also considered the applicant's argument regarding procedural fairness, noting that the opponent had secured three extensions of time to serve evidence in support under the more relaxed provisions available to the opponent prior to the RTB Regulation. The applicant contended that it had experienced the same difficulty in securing expert witnesses due to the highly specialised field of technology covered by the opposed application. However, the court concluded that the applicant's failure to file the evidence in answer because of the extra time taken to consider the opponent's non-particularised evidence would be more appropriately assessed as a prompt and diligent action rather than as an exceptional circumstance.

Ultimately, the court allowed the applicant an extension of time until 4 April 2014 to file evidence in answer, deeming the progress made by the applicant up until Christmas as reasonable, prompt, and diligent. The court awarded costs in accordance with Schedule 8 against the opponent, Shelford Services Pty Limited.