Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3026 (Pat) (05 December 2008)

The court ordered both parties to provide statements of costs incurred to date and estimates of future costs, split between claims and counterclaims, as after-the-event costs control is insufficient and proactive disclosure is justified in the interests of transparency and informed decision-making.

Citation: [2008] EWHC 3026 (Pat)
Parties: Claimant / Part 20 Defendant: Research In Motion UK Limited; Defendant / Part 20 Claimant: Visto Corporation; Part 20 Defendant: Research In Motion Limited
Jurisdiction: England and Wales
Judgment Date: 05 December 2008
Procedural Posture: Patent Litigation (costs Application) / Interlocutory Application for Provision of Costs Information
Outcome: Application granted
Legal Topics: Patent Litigation, Costs Management, Costs Estimates, Costs Capping

Intellectual Property Civil Procedure Patent Litigation Costs Management Costs Estimates Costs Capping

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Parties

Research In Motion UK Limited

Claimant / Part 20 Defendant

Visto Corporation

Defendant / Part 20 Claimant

Research In Motion Limited

Part 20 Defendant

Procedural Posture

Patent Litigation (costs Application) / Interlocutory Application for Provision of Costs Information

Legal Issues

1 Whether the court should order the parties to provide statements of costs incurred and estimates of future costs in ongoing patent litigation

Ratio Decidendi

Court Disposition

Application granted

Orders

Both parties to provide statements of costs incurred to date and estimates of future costs to trial, split between claims and counterclaims as specified.
No order at this stage for regular updates or justification of changes to estimates.