Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2015] EWHC 2863 (Pat) (16 September 2015)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2015] EWHC 2863 (Pat) (16 September 2015)

Wobben is to pay 79% of Siemens' costs, reflecting deductions for the Frantz and Shozaburo issues (11% and 10% respectively), with no deduction for insufficiency or novelty over Bossanyi. An interim payment of £1.2 million is reasonable, representing 56% of the likely recoverable costs, given the commercial significance and proportionality of the costs incurred.

Citation
[2015] EWHC 2863 (Pat)
Parties
Claimant: Wobben Properties GmbH; Defendants: Siemens Public Limited Company and Others
Jurisdiction
England and Wales
Judgment Date
16 September 2015
Procedural Posture
Patent Costs Ruling / Post Judgment, Determination of Costs and Interim Payment
Outcome
Claimant to pay 79% of Defendants' costs; interim payment ordered.
Legal Topics
Patent Litigation, Costs Orders, Interim Payments, Issues Based Costs Assessment
Intellectual Property Civil Procedure Patent Litigation Costs Orders Interim Payments Issues Based Costs Assessment

Case Brief

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Parties

Wobben Properties GmbH

Claimant

Siemens Public Limited Company and Others

Defendants

Procedural Posture

Patent Costs Ruling / Post Judgment, Determination of Costs and Interim Payment

Legal Issues

  1. 1 What proportion of the defendants' costs should the claimant pay?
  2. 2 Should the defendants be required to pay any of the claimant's costs on specific issues?
  3. 3 What is the appropriate interim payment on account of costs?

Ratio Decidendi

Wobben is to pay 79% of Siemens' costs, reflecting deductions for the Frantz and Shozaburo issues (11% and 10% respectively), with no deduction for insufficiency or novelty over Bossanyi. An interim payment of £1.2 million is reasonable, representing 56% of the likely recoverable costs, given the commercial significance and proportionality of the costs incurred.

Court Disposition

Claimant to pay 79% of Defendants' costs; interim payment ordered.

Orders

  • Wobben Properties GmbH to pay 79% of Siemens' costs of the proceedings.
  • Wobben Properties GmbH to make an interim payment of £1.2 million to Siemens.