Boehringer Ingelheim KG & Anor v Swingward Ltd

Boehringer Ingelheim KG & Anor v Swingward Ltd

Defendants are entitled to a substantial proportion of their costs immediately, reflecting their success on the main issues, with the balance to be determined after the Austrian reference. Interim payments are appropriate given the circumstances and the unlikelihood of repayment being required.

Parties
Claimant/respondent: Boehringer Ingelheim KG; Claimant/respondent: Boehringer Ingelheim Pharma KG; Defendant/appellant: Swingward Limited; Defendant/appellant: Dowelhurst Limited; Claimant/respondent: Glaxo Group Limited; Claimant/respondent: The Wellcome Foundation Limited; Claimant/respondent: Smithkline Beecham plc; Claimant/respondent: Beecham Group plc; Claimant/respondent: Smithkline and French Laboratories Limited; Claimant/respondent: Eli Lilly and Company
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Civil Appeal (costs) / Post Judgment Costs Ruling
Outcome
Costs awarded to defendants with interim payments ordered; balance to be determined after Austrian reference.
Legal Topics
Costs, Patents, Interim Payments
Intellectual Property Civil Procedure Costs Patents Interim Payments

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Parties

Boehringer Ingelheim KG

Claimant/respondent

Boehringer Ingelheim Pharma KG

Claimant/respondent

Swingward Limited

Defendant/appellant

Dowelhurst Limited

Defendant/appellant

Glaxo Group Limited

Claimant/respondent

The Wellcome Foundation Limited

Claimant/respondent

Smithkline Beecham plc

Claimant/respondent

Beecham Group plc

Claimant/respondent

Smithkline and French Laboratories Limited

Claimant/respondent

Eli Lilly and Company

Claimant/respondent

Procedural Posture

Civil Appeal (costs) / Post Judgment Costs Ruling

Legal Issues

  1. 1 Entitlement to costs pending outcome of Austrian reference
  2. 2 Proportion of costs to be awarded to defendants
  3. 3 Appropriateness of interim payments on costs

Ratio Decidendi

Defendants are entitled to a substantial proportion of their costs immediately, reflecting their success on the main issues, with the balance to be determined after the Austrian reference. Interim payments are appropriate given the circumstances and the unlikelihood of repayment being required.

Court Disposition

Costs awarded to defendants with interim payments ordered; balance to be determined after Austrian reference.

Orders

  • Dowelhurst awarded 80% of its costs against Eli Lilly to date, with liberty to apply for the remaining 20% after the ECJ decision.
  • Interim payment of £96,000 from Eli Lilly to defendants' solicitors.