The price of success in the Patents County Court — especially on a CFA
The very recent patent infringement case of Scopema SARL v Scot Seat Direct Ltd has demonstrated just how ruthless the costs-capping regime can be in the Patents County Court (PCC).
The claimant brought a claim for patent infringement against the defendant. The end result at trial, which lasted only half a day, was that the defendant succeeded in defending the claim by persuading the court that its product did not infringe the claimant’s patent. It had based its defence on three main non-infringement arguments. It only really succeeded in relation to one of those threads of argument — although of course this was sufficient for a finding of non-infringement.
The proceedings then moved to the consideration of costs and there was a separate hearing on the point. The claimant admitted that the defendant was the winner overall, and so in the usual course of things the claimant would have to pay the defendant’s reasonable costs. However, this was the PCC, so the recovery of costs was always going to be subject to the £50,000 cap. In addition, given that a couple of the defendant’s arguments had failed to persuade the trial judge, the claimant sought a reduction on the amount of costs it would have to pay to the defendant…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Mansfield District Council received grant money from the European Regional Development Fund for two development projects relating to town-centre improvements.
Ofgem and DECC have jointly published an action plan of measures to encourage the growth of independent energy suppliers.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents