Oxford Gene Technology Ltd v Affymetrix Inc & Anor [2001] EWCA Civ 77 (30 January 2001)

Oxford Gene Technology Ltd v Affymetrix Inc & Anor [2001] EWCA Civ 77 (30 January 2001)

Affymetrix should pay OGT's costs of and relating to the application to introduce fresh evidence because the evidence was irrelevant to the construction of the licence agreement, and Affymetrix could have obtained the documents with due diligence before trial.

Citation
[2001] EWCA Civ 77
Parties
Claimant/respondent: Oxford Gene Technology Ltd; Defendant/appellant: Affymetrix Inc; Defendant/appellant: Affymetrix UK Ltd; Defendant/appellant: Beckman Coulter Inc
Jurisdiction
England and Wales
Judgment Date
30 January 2001
Procedural Posture
Civil Appeal / Ruling on Costs After Appeal Judgment
Outcome
Affymetrix to pay OGT's costs of and relating to the application to introduce fresh evidence, excluding costs of attending court for submissions on costs.
Legal Topics
Costs, Fresh Evidence on Appeal, Licence Agreements, Sub Licensing, Assignment of Business
Intellectual Property Contract Law Civil Procedure Costs Fresh Evidence on Appeal Licence Agreements Sub Licensing Assignment of Business

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Oxford Gene Technology Ltd

Claimant/respondent

Affymetrix Inc

Defendant/appellant

Affymetrix UK Ltd

Defendant/appellant

Beckman Coulter Inc

Defendant/appellant

Procedural Posture

Civil Appeal / Ruling on Costs After Appeal Judgment

Legal Issues

  1. 1 Who should bear the costs of the application to introduce fresh evidence on appeal?
  2. 2 Whether the fresh evidence was admissible or relevant to the appeal

Ratio Decidendi

Affymetrix should pay OGT's costs of and relating to the application to introduce fresh evidence because the evidence was irrelevant to the construction of the licence agreement, and Affymetrix could have obtained the documents with due diligence before trial.

Court Disposition

Affymetrix to pay OGT's costs of and relating to the application to introduce fresh evidence, excluding costs of attending court for submissions on costs.

Orders

  • Affymetrix to pay OGT's costs of and relating to the application to introduce fresh evidence.
  • No order for costs of attending court for submissions on costs in case number 2000/2749.