Abbott Laboratories Ltd v Evysio Medical Devices ULC (Sued As Divysio Solutions ULC In HC 06 C 02440)

Abbott Laboratories Ltd v Evysio Medical Devices ULC (Sued As Divysio Solutions ULC In HC 06 C 02440)

Abbott is the clear winner, but deductions are warranted for issues abandoned or lost, including Prograft and Fischell citations and Dr. Segal's evidence. Justice is served by allowing Abbott 75% of its overall costs, subject to assessment.

Source-derived case information.

Parties
Claimant: Abbott Laboratories Limited; Defendant: Evysio Medical Devices ULC
Jurisdiction
England and Wales
Judgment Date
13 May 2008
Procedural Posture
Patent Action / Post Judgment Costs Determination
Outcome
Abbott allowed 75% of its overall costs, subject to assessment.
Legal Topics
Patent Validity, Patent Infringement, Costs Assessment
Intellectual Property Civil Procedure Patent Validity Patent Infringement Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abbott Laboratories Limited

Claimant

Evysio Medical Devices ULC

Defendant

Procedural Posture

Patent Action / Post Judgment Costs Determination

Legal Issues

  1. 1 Appropriate allocation of costs following patent litigation
  2. 2 Assessment of recoverable costs including foreign lawyers' fees
  3. 3 Issue-based deductions for abandoned or unsuccessful arguments

Ratio Decidendi

Abbott is the clear winner, but deductions are warranted for issues abandoned or lost, including Prograft and Fischell citations and Dr. Segal's evidence. Justice is served by allowing Abbott 75% of its overall costs, subject to assessment.

Court Disposition

Abbott allowed 75% of its overall costs, subject to assessment.

Orders

  • Abbott to recover 75% of its overall costs of the proceedings, costs to be assessed.