Hospira UK Ltd v Cubist Pharmaceuticals, LLC [2016] EWHC 2661 (Pat) (17 October 2016)

Hospira UK Ltd v Cubist Pharmaceuticals, LLC [2016] EWHC 2661 (Pat) (17 October 2016)

Hospira, as overall winner, is entitled to general costs with specific percentage deductions for discrete issues lost; on certain issues, Hospira must pay Cubist's costs. Permission to appeal is refused as no real prospect of success on points of law or principle was demonstrated.

Citation
[2016] EWHC 2661 (Pat)
Parties
Claimant: Hospira UK Limited; Defendant: Cubist Pharmaceuticals, LLC
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Patent Revocation and Costs / Post Judgment Costs and Permission to Appeal
Outcome
Costs awarded to Hospira with specified deductions; Hospira to pay Cubist's costs on certain issues; permission to appeal refused.
Legal Topics
Patent Revocation, Costs Orders, Permission to Appeal
Intellectual Property Civil Procedure Patent Revocation Costs Orders Permission to Appeal

Case Brief

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Parties

Hospira UK Limited

Claimant

Cubist Pharmaceuticals, LLC

Defendant

Procedural Posture

Patent Revocation and Costs / Post Judgment Costs and Permission to Appeal

Legal Issues

  1. 1 Allocation of costs in multi-patent litigation
  2. 2 Criteria for issue-based costs orders
  3. 3 Permission to appeal findings on patent validity

Ratio Decidendi

Hospira, as overall winner, is entitled to general costs with specific percentage deductions for discrete issues lost; on certain issues, Hospira must pay Cubist's costs. Permission to appeal is refused as no real prospect of success on points of law or principle was demonstrated.

Court Disposition

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

Orders

  • Hospira awarded general costs subject to percentage deductions for discrete issues lost (20% for daptomycin insufficiency, 3% for priority challenge, 1% for second claim priority date, 1.25% for added matter objection, 1.5% for added matter on 179 patent).
  • Hospira to pay Cubist's costs on daptomycin insufficiency and priority challenge issues.