MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 139 (23 February 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 139 (23 February 2012)

No order as to costs for main trial, remitted issues trial, and application leading to these due to defendants' profligacy in raising excessive unsuccessful points; defendants deprived of costs even for successful issue. Costs following main judgment awarded to MMI. Defendants awarded 70% of appeal costs, reflecting success on obviousness but loss and near-hopelessness on remitted issues appeal.

Citation
[2012] EWCA Civ 139
Parties
Claimant/respondent: MMI Research Ltd; Appellant/defendant: Cellxion Ltd; Appellant/defendant: Cellxion Networks LLC; Appellant/defendant: Mark Brumpton; Appellant/defendant: Datong Electronics PLC; Appellant/defendant: Rohde & Schwarz GmbH & Co KG; Appellant/defendant: Anthony Timson
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Appeal From High Court (patents Court) / Costs Judgment Following Main Appeal
Outcome
Costs judgment; no order as to costs for main trial, remitted issues trial, and related application; costs following main judgment awarded to MMI; defendants awarded 70% of appeal costs.
Legal Topics
Patent Litigation, Costs, Appeal Procedure
Intellectual Property Civil Procedure Patent Litigation Costs Appeal Procedure

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

MMI Research Ltd

Claimant/respondent

Cellxion Ltd

Appellant/defendant

Cellxion Networks LLC

Appellant/defendant

Mark Brumpton

Appellant/defendant

Datong Electronics PLC

Appellant/defendant

Rohde & Schwarz GmbH & Co KG

Appellant/defendant

Anthony Timson

Appellant/defendant

Procedural Posture

Appeal From High Court (patents Court) / Costs Judgment Following Main Appeal

Legal Issues

  1. 1 Appropriate allocation of costs in patent litigation with multiple issues
  2. 2 Application of issue-by-issue approach to costs
  3. 3 Sanctions for excessive unsuccessful defences

Ratio Decidendi

No order as to costs for main trial, remitted issues trial, and application leading to these due to defendants' profligacy in raising excessive unsuccessful points; defendants deprived of costs even for successful issue. Costs following main judgment awarded to MMI. Defendants awarded 70% of appeal costs, reflecting success on obviousness but loss and near-hopelessness on remitted issues appeal.

Court Disposition

Costs judgment; no order as to costs for main trial, remitted issues trial, and related application; costs following main judgment awarded to MMI; defendants awarded 70% of appeal costs.

Orders

  • No order as to costs for main trial, remitted issues trial, and application leading to these.
  • Costs following main judgment awarded to MMI.