Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2985 (Pat) (24 November 2016)

Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2985 (Pat) (24 November 2016)

The court found good reason to depart from the budget for the expert report and trial phases due to unforeseen developments and the nature of the litigation, but not for trial preparation. Apportionment of costs was adjusted based on the actual conduct and outcome of the case, and Sony was not entitled to recover PPD costs for the PlayStation 4 counterclaim in line with the agreed general approach to issue-based costs.

Citation
[2016] EWHC 2985 (Pat)
Parties
Claimant: Sony Communications International AB; Defendant/part 20 Claimant: SSH Communications Security Corporation; Part 20 Defendant: Sony Mobile Communications AB; Part 20 Defendant: Sony Computer Entertainment Europe Limited; Part 20 Defendant: Sony Europe Limited; Part 20 Defendant: Sony Network Entertainment Europe Limited
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Patent Revocation and Infringement / Post Trial Costs Determination
Outcome
Costs order in favour of Sony, subject to deductions for issues lost and specific phase adjustments.
Legal Topics
Patent Revocation, Patent Infringement, Costs Management, Summary Assessment of Costs
Intellectual Property Civil Procedure Patent Revocation Patent Infringement Costs Management Summary Assessment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Sony Communications International AB

Claimant

SSH Communications Security Corporation

Defendant/part 20 Claimant

Sony Mobile Communications AB

Part 20 Defendant

Sony Computer Entertainment Europe Limited

Part 20 Defendant

Sony Europe Limited

Part 20 Defendant

Sony Network Entertainment Europe Limited

Part 20 Defendant

Procedural Posture

Patent Revocation and Infringement / Post Trial Costs Determination

Legal Issues

  1. 1 Whether there is good reason to depart from the approved costs budget for certain phases
  2. 2 How to apportion costs where the claimant succeeded on validity but lost on infringement
  3. 3 Whether costs of PPD for discontinued PlayStation 4 counterclaim are recoverable

Ratio Decidendi

The court found good reason to depart from the budget for the expert report and trial phases due to unforeseen developments and the nature of the litigation, but not for trial preparation. Apportionment of costs was adjusted based on the actual conduct and outcome of the case, and Sony was not entitled to recover PPD costs for the PlayStation 4 counterclaim in line with the agreed general approach to issue-based costs.

Court Disposition

Costs order in favour of Sony, subject to deductions for issues lost and specific phase adjustments.

Orders

  • SSH to pay Sony £876,347.28 in respect of the costs of the action and counterclaim.
  • Interest at 1% above base rate on payments made by Sony prior to the date of the order, from the date of such payment, with time to pay not running until interest is agreed or determined.