Secretary of State for Education and Skills v Frontline Technology Ltd.

Secretary of State for Education and Skills v Frontline Technology Ltd.

Costs should be apportioned on an issue-by-issue basis, reflecting the percentage of trial time spent on each issue and the degree of success of each party, resulting in a net payment by the claimant to the defendant of 8% of the defendant’s reasonable costs, subject to specific deductions for reserved costs 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 defendant’s reasonable costs, subject to deductions for reserved costs and late concessions.
Legal Topics
Patent Validity, Costs Apportionment, Inventive Step, Prior Art, Issue Based Costs Assessment
Intellectual Property Civil Procedure Patent Validity Costs Apportionment Inventive Step Prior Art Issue Based Costs Assessment

Case Brief

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Parties

Secretary of State for Education and Skills

Claimant

Frontline Technology Limited

Defendant

Procedural Posture

Patent Action / Post Judgment Costs Determination

Legal Issues

  1. 1 Appropriate apportionment of costs following partial success in patent validity action
  2. 2 Principles for issue-based costs orders under CPR 44.3
  3. 3 Whether costs should be awarded to unsuccessful party on discrete issues

Ratio Decidendi

Costs should be apportioned on an issue-by-issue basis, reflecting the percentage of trial time spent on each issue and the degree of success of each party, resulting in a net payment by the claimant to the defendant of 8% of the defendant’s reasonable costs, subject to specific deductions for reserved costs applications and late concessions.

Court Disposition

Costs apportioned; claimant to pay defendant 8% of defendant’s reasonable costs, subject to deductions for reserved costs and late concessions.

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.