Pharmacia Corporation & Ors v Merck & Co Inc & Anor [2001] EWCA Civ 1957 (14 December, 2001)

Pharmacia Corporation & Ors v Merck & Co Inc & Anor [2001] EWCA Civ 1957 (14 December, 2001)

Given the complexity and propriety of the issue argued by the appellants, the respondents should not recover full costs; a 10% reduction is appropriate, so respondents recover 90% of their costs in this court.

Citation
[2001] EWCA Civ 1957
Parties
Claimant/appellant: Pharmacia Corporation; Claimant/appellant: GD Searle & Co; Claimant/appellant: Pfizer Inc; Defendant/respondent: Merck & Co Inc; Defendant/respondent: Merck Sharp & Dohme Limited
Jurisdiction
England and Wales
Procedural Posture
Appeal / Court of Appeal Judgment on Costs
Outcome
Appeal dismissed; permission to appeal to the House of Lords refused.
Legal Topics
Costs, Patents, Appeal Procedure
Civil Procedure Intellectual Property Costs Patents Appeal Procedure

Case Brief

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Parties

Pharmacia Corporation

Claimant/appellant

GD Searle & Co

Claimant/appellant

Pfizer Inc

Claimant/appellant

Merck & Co Inc

Defendant/respondent

Merck Sharp & Dohme Limited

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Costs

Legal Issues

  1. 1 Appropriate order for costs in a complex patent action on appeal

Ratio Decidendi

Given the complexity and propriety of the issue argued by the appellants, the respondents should not recover full costs; a 10% reduction is appropriate, so respondents recover 90% of their costs in this court.

Court Disposition

Appeal dismissed; permission to appeal to the House of Lords refused.

Orders

  • Appellants to pay 90% of the respondents' costs in this court.
  • Order of the judge on costs reduced by 10%.