Secretary of State for Education and Skills v Frontline Technology Ltd. [2004] EWHC 1563 (Patents) (28 July 2004)

Secretary of State for Education and Skills v Frontline Technology Ltd. [2004] EWHC 1563 (Patents) (28 July 2004)

Costs should be apportioned on an issue-by-issue basis, reflecting the parties' relative success and the time spent on each issue, with the claimant to pay the defendant 8% of the defendant's reasonable costs, subject to deductions for specific applications and late concessions.

Citation
[2004] EWHC 1563 (Patents)
Parties
Claimant: Secretary of State for Education and Skills; Defendant: Frontline Technology Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2004
Procedural Posture
Patent Action / Post Trial Costs Determination
Outcome
Claimant to pay defendant 8% of defendant's reasonable costs, subject to deductions for specified applications and late concessions; all costs to be taxed if not agreed; no order as to costs for the hearing on the terms of the order and costs.
Legal Topics
Patents, Costs Orders, Inventive Step, Prior Art, Issue Based Costs Apportionment
Intellectual Property Civil Procedure Patents Costs Orders Inventive Step Prior Art Issue Based Costs Apportionment

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Parties

Secretary of State for Education and Skills

Claimant

Frontline Technology Limited

Defendant

Procedural Posture

Patent Action / Post Trial Costs Determination

Legal Issues

  1. 1 Appropriate apportionment of costs following partial success in a patent action
  2. 2 Application of issue-based costs orders under CPR 44.3

Ratio Decidendi

Costs should be apportioned on an issue-by-issue basis, reflecting the parties' relative success and the time spent on each issue, with the claimant to pay the defendant 8% of the defendant's reasonable costs, subject to deductions for specific applications and late concessions.

Court Disposition

Claimant to pay defendant 8% of defendant's reasonable costs, subject to deductions for specified applications and late concessions; all costs to be taxed if not agreed; no order as to costs for the hearing on the terms of the order and costs.

Orders

  • Claimant to pay defendant 8% of defendant's reasonable costs in respect of the action, less: (a) 50% of claimant's costs of its application dated 13/14 January 2004; (b) 75% of claimant's costs of defendant's application dated 28 January 2004 (except as related to amendment of defence); (c) claimant's costs of...