I N Newmans Ltd. v Richard T Adlem

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

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 Judgment Costs Determination
Outcome: Costs apportioned; claimant to pay defendant 8% of reasonable costs, subject to specified deductions.
Legal Topics: Patent Validity, Costs Apportionment, Inventive Step, Prior Art

Intellectual Property Civil Procedure Patent Validity Costs Apportionment Inventive Step Prior Art

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Secretary of State for Education and Skills

Claimant

Frontline Technology Limited

Defendant

Procedural Posture

Patent Action / Post Judgment Costs Determination

Legal Issues

1 Appropriate apportionment of costs following partial success in patent validity claims
2 Principles for issue-based costs orders
3 Assessment of conduct and relevance of evidence in costs determination

Ratio Decidendi

Court Disposition

Costs apportioned; claimant to pay defendant 8% of reasonable costs, subject to specified deductions.

Orders

Claimant to pay defendant 8% of defendant's reasonable costs, taxed if not agreed.
Defendant to pay 50% of claimant's costs of application dated 13/14 January 2004.