Hospira UK Ltd v Cubist Pharmaceuticals, LLC

Hospira UK Ltd v Cubist Pharmaceuticals, LLC

The court applied issue-based costs orders, deducting specific percentages from Hospira's recoverable costs for issues on which it failed, and ordering Hospira to pay Cubist's costs on certain discrete issues where justice required. Permission to appeal was refused as no point of law or principle with a real prospect of success was identified.

Parties
Claimant: Hospira UK Limited; Defendant: Cubist Pharmaceuticals, LLC
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Patent Litigation / Post Judgment Costs and Permission to Appeal
Outcome
Costs awarded to Hospira subject to deductions; Hospira to pay Cubist's costs on certain issues; permission to appeal refused.
Legal Topics
Costs, Patents, Permission to Appeal, Issue Based Costs Orders
Intellectual Property Civil Procedure Costs Patents Permission to Appeal Issue Based Costs Orders

Case Brief

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Parties

Hospira UK Limited

Claimant

Cubist Pharmaceuticals, LLC

Defendant

Procedural Posture

Patent Litigation / Post Judgment Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the claimant should recover all, part, or none of its costs
  2. 2 Whether the claimant should pay the defendant's costs on certain issues
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The court applied issue-based costs orders, deducting specific percentages from Hospira's recoverable costs for issues on which it failed, and ordering Hospira to pay Cubist's costs on certain discrete issues where justice required. Permission to appeal was refused as no point of law or principle with a real prospect of success was identified.

Court Disposition

Costs awarded to Hospira subject to deductions; Hospira to pay Cubist's costs on certain issues; permission to appeal refused.

Orders

  • Hospira's recoverable costs discounted by 20% for daptomycin insufficiency issue.
  • Hospira to pay Cubist's costs of the Cook v Edwards priority challenge (3% of costs).