Vald Performance Pty Ltd v Kangatech Pty Ltd

Vald Performance Pty Ltd initiated legal proceedings against Kangatech Pty Ltd in the Federal Court of Australia, alleging infringement of intellectual property rights. The dispute centres on the KT360 device, which includes various load cell sensors used for measuring force and communication with software via Bluetooth or USB. Kangatech modified its software to include features such as Nordic curl detection and prevention, which Vald claims infringe on its patent. Kangatech argues that Vald has not properly identified the specific features of the patent in question and how these are present in Kangatech's products.

The court had to determine whether Vald's pleadings adequately identified the features of the patent and how these features were embodied in Kangatech's products. Additionally, the court needed to address whether Kangatech's modifications to its software constituted a change in the defence that warranted further discussion. Vald submitted that Dr Tania Pizzari's affidavit sufficiently identified the respects in which the products exhibited the claimed features, though Kangatech's amended defence seemed to limit its denial of infringement to specific points. The court recognised that if Kangatech intended to expand its defence beyond these points, it would constitute a significant change in its case.

The Federal Court ordered Kangatech to provide detailed information about the changes made to its KT360 Version 2 product to create the KT360 Version 3, specifically regarding the disabling of the Nordic curl function. The parties were granted the liberty to apply for further directions. The court also ruled that the costs of the directions hearing were to be borne by the parties as per the Federal Court of Australia Act 1976 and the Federal Court Rules 2011. These orders and the accompanying reasons for judgment were made and published from Chambers, in line with Rule 39.32 of the Federal Court Rules 2011.