Actavis UK Ltd & Ors v Eli Lilly & Company [2015] EWCA Civ 666 (30 June 2015)

Actavis UK Ltd & Ors v Eli Lilly & Company [2015] EWCA Civ 666 (30 June 2015)

Lilly is the overall winner and entitled to its costs, subject to deductions for the Rome II/DNI factual issues and direct infringement issues, with an issue-based assessment required for trial costs. No order as to costs of the appeal. The interim payment is reduced to £350,000. No recital of contractual undertaking is included. Permission to appeal is refused as no arguable point of law arises.

Citation
[2015] EWCA Civ 666
Parties
Claimants/respondents: Actavis UK Limited and others; Defendant/appellant: Eli Lilly & Company
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Civil Appeal / Post Judgment Consequential Matters
Outcome
Costs apportioned; interim payment reduced; no recital; permission to appeal refused.
Legal Topics
Patents, Costs, Direct Infringement, Indirect Infringement, Rome II Regulation, Declaratory Relief
Intellectual Property Civil Procedure Patents Costs Direct Infringement Indirect Infringement Rome II Regulation Declaratory Relief

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Parties

Actavis UK Limited and others

Claimants/respondents

Eli Lilly & Company

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment Consequential Matters

Legal Issues

  1. 1 Entitlement to costs following mixed success at trial and appeal
  2. 2 Appropriate interim payment on account of costs
  3. 3 Whether to include recital of contractual undertaking in order

Ratio Decidendi

Lilly is the overall winner and entitled to its costs, subject to deductions for the Rome II/DNI factual issues and direct infringement issues, with an issue-based assessment required for trial costs. No order as to costs of the appeal. The interim payment is reduced to £350,000. No recital of contractual undertaking is included. Permission to appeal is refused as no arguable point of law arises.

Court Disposition

Costs apportioned; interim payment reduced; no recital; permission to appeal refused.

Orders

  • Issue-based assessment of Rome II/DNI factual costs at trial; Lilly to recover 25% of its assessed costs after deduction of Rome II/DNI factual costs; Actavis to recover its costs of Rome II/DNI factual issues; balance payable to party entitled after assessment.
  • No order as to costs of the appeal.