Omnipharm Ltd v Merial [2013] EWCA Civ 10 (29 January 2013)

Omnipharm Ltd v Merial [2013] EWCA Civ 10 (29 January 2013)

Omnipharm is entitled to its costs as the commercial winner; costs for maintenance of security are to be assessed and set-off; payment on account of costs is appropriate; permission to appeal to the Supreme Court is refused; maintenance of security pending appeal is not required.

Citation
[2013] EWCA Civ 10
Parties
Claimant/respondent: Omnipharm Limited; Defendant/appellant: Merial
Jurisdiction
England and Wales
Judgment Date
29 January 2013
Procedural Posture
Patent Appeal / Post Judgment Costs and Orders Determination
Outcome
Omnipharm awarded costs; Merial's application for permission to appeal refused; payment on account of costs ordered; maintenance of security not required.
Legal Topics
Patent Validity, Costs, Security for Costs, Permission to Appeal
Intellectual Property Civil Procedure Patent Validity Costs Security for Costs Permission to Appeal

Case Brief

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Parties

Omnipharm Limited

Claimant/respondent

Merial

Defendant/appellant

Procedural Posture

Patent Appeal / Post Judgment Costs and Orders Determination

Legal Issues

  1. 1 Entitlement to costs of respondent's notice and cross-appeal
  2. 2 Assessment of costs for maintenance of security
  3. 3 Payment on account of costs

Ratio Decidendi

Omnipharm is entitled to its costs as the commercial winner; costs for maintenance of security are to be assessed and set-off; payment on account of costs is appropriate; permission to appeal to the Supreme Court is refused; maintenance of security pending appeal is not required.

Court Disposition

Omnipharm awarded costs; Merial's application for permission to appeal refused; payment on account of costs ordered; maintenance of security not required.

Orders

  • Omnipharm awarded costs of respondent's notice and cross-appeal.
  • Costs for maintenance of security to be assessed and set-off.