Musion Systems Ltd v Activ8 -3D Ltd & Ors [2011] EWPCC 33 (24 October 2011)

Musion Systems Ltd v Activ8 -3D Ltd & Ors [2011] EWPCC 33 (24 October 2011)

The adjournment was caused by Activ8's failure to gather evidence in time; therefore, Activ8 and Mr. Humphreys must pay the costs thrown away by the adjournment. The interim payment of £40,000 remains adjourned until the rescheduled trial, as per the original order.

Citation
[2011] EWPCC 33
Parties
Claimant: Musion Systems Limited; Defendant: Activ8-3D Limited; Defendant: C2R Limited; Defendant: David John Dutton; Defendant: Simon David Humphreys
Jurisdiction
England and Wales
Judgment Date
24 October 2011
Procedural Posture
Patent Infringement and Revocation / Adjournment of Trial and Costs Order
Outcome
Trial adjourned; costs order made against Activ8 and Mr. Humphreys; interim payment of £40,000 remains adjourned until trial.
Legal Topics
Patent Validity, Prior Use, Costs, Adjournment, Disclosure of Evidence
Intellectual Property Civil Procedure Patent Validity Prior Use Costs Adjournment Disclosure of Evidence

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Parties

Musion Systems Limited

Claimant

Activ8-3D Limited

Defendant

C2R Limited

Defendant

David John Dutton

Defendant

Simon David Humphreys

Defendant

Procedural Posture

Patent Infringement and Revocation / Adjournment of Trial and Costs Order

Legal Issues

  1. 1 Whether late evidence should be admitted and trial adjourned
  2. 2 Responsibility for costs thrown away by adjournment
  3. 3 Timing of interim costs payment

Ratio Decidendi

The adjournment was caused by Activ8's failure to gather evidence in time; therefore, Activ8 and Mr. Humphreys must pay the costs thrown away by the adjournment. The interim payment of £40,000 remains adjourned until the rescheduled trial, as per the original order.

Court Disposition

Trial adjourned; costs order made against Activ8 and Mr. Humphreys; interim payment of £40,000 remains adjourned until trial.

Orders

  • Trial adjourned into the New Year.
  • Activ8-3D Limited and Simon David Humphreys to pay costs thrown away by the adjournment.