Kirin-Amgen Inc & Ors v Hoechst Marion Roussel Ltd. & Ors [2003] EWCA Civ 524 (27 March 2003)

Kirin-Amgen Inc & Ors v Hoechst Marion Roussel Ltd. & Ors [2003] EWCA Civ 524 (27 March 2003)

TKT achieved the main result sought (no relief for infringement), so should recover general costs, but Kirin Amgen should recover costs for specific issues on which they succeeded. To avoid disproportionate assessment, Kirin Amgen is ordered to pay 10% of TKT's costs in all proceedings.

Citation
[2003] EWCA Civ 524
Parties
Claimant/appellant: Kirin-Amgen Inc; Claimant/appellant: Ortho Biotech Inc; Claimant/appellant: Artho Biotech Products LP; Defendant/respondent: Hoechst Marion Roussel Limited; Defendant/respondent: Hoechst Marion Roussel Inc; Defendant/respondent: Transkaryotic Therapies Inc
Jurisdiction
England and Wales
Judgment Date
27 March 2003
Procedural Posture
Appeal / Costs Determination Following Appeal Judgment
Outcome
Kirin Amgen to pay 10% of TKT's costs in all proceedings, including amendment proceedings, both in this court and before the judge.
Legal Topics
Patent Infringement, Patent Validity, Costs Orders
Intellectual Property Civil Procedure Patent Infringement Patent Validity Costs Orders

Case Brief

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Parties

Kirin-Amgen Inc

Claimant/appellant

Ortho Biotech Inc

Claimant/appellant

Artho Biotech Products LP

Claimant/appellant

Hoechst Marion Roussel Limited

Defendant/respondent

Hoechst Marion Roussel Inc

Defendant/respondent

Transkaryotic Therapies Inc

Defendant/respondent

Procedural Posture

Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 How should costs be apportioned following mixed success in a patent infringement and validity action?
  2. 2 Should costs be awarded on an issue-by-issue basis or should the general outcome prevail?

Ratio Decidendi

TKT achieved the main result sought (no relief for infringement), so should recover general costs, but Kirin Amgen should recover costs for specific issues on which they succeeded. To avoid disproportionate assessment, Kirin Amgen is ordered to pay 10% of TKT's costs in all proceedings.

Court Disposition

Kirin Amgen to pay 10% of TKT's costs in all proceedings, including amendment proceedings, both in this court and before the judge.

Orders

  • Kirin Amgen to pay 10% of TKT's costs in all proceedings including amendment proceedings both in this court and before the judge.