Rockwater Ltd v Coflexip SA & Anor [2003] EWHC 876 (Pat) (15 April 2003)
Given the seriousness and scale of the claim, and the usefulness of the model and animations as visual aids in understanding complex prior art, it was reasonable and proportionate for Rockwater to incur those costs; therefore, none of Rockwater's costs are to be disallowed.
- Citation
- [2003] EWHC 876 (Pat)
- Parties
- Claimant/part 20 Defendant: Rockwater Limited; Defendant/part 20 Claimant: Coflexip SA; Defendant/part 20 Claimant: Coflexip Stena Offshore Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2003
- Procedural Posture
- Patents Costs Hearing / Post Trial, Costs Determination
- Outcome
- Costs awarded to Rockwater Limited.
- Legal Topics
- Costs, Proportionality, Visual Evidence, Patent Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
Rockwater Limited
Claimant/part 20 Defendant
Coflexip SA
Defendant/part 20 Claimant
Coflexip Stena Offshore Limited
Defendant/part 20 Claimant
Procedural Posture
Patents Costs Hearing / Post Trial, Costs Determination
Legal Issues
- 1 Whether the costs of producing a model and animations should be disallowed as disproportionate
- 2 Whether any of Rockwater's costs should be disallowed
Ratio Decidendi
Given the seriousness and scale of the claim, and the usefulness of the model and animations as visual aids in understanding complex prior art, it was reasonable and proportionate for Rockwater to incur those costs; therefore, none of Rockwater's costs are to be disallowed.
Court Disposition
Costs awarded to Rockwater Limited.
Orders
- The costs of the action are Rockwater's, to be assessed.
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