Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor

Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor

A split trial is not appropriate because there is significant overlap between liability, causation, and quantum; the permutations of loss are largely independent of the extent of liability found, and a single trial will be more efficient, cost-effective, and lead to a quicker resolution. The case will proceed to a single trial at which liability, causation, and quantum will all be decided. The case will not be transferred out of the Patents Court, and disclosure will proceed under the Disclosure Pilot in PD51U with abrogation of Initial Disclosure.

Parties
Claimant: Cabo Concepts Limited; Defendant: MGA; Defendant: MGA Entertainment, Inc.
Jurisdiction
England and Wales
Judgment Date
04 March 2021
Procedural Posture
Civil Intellectual Property and Competition Law / Case Management Conference (cmc) Directions and Case Management Orders
Outcome
Application for split trial refused; case to proceed as a single trial; transfer application refused; disclosure to proceed under Disclosure Pilot; directions given for trial preparation.
Legal Topics
Unjustified Threats of Patent Infringement, Abuse of Dominance, Anti Competitive Agreements, Passing Off, Disclosure Procedure, Split Trial Applications
Competition Law Intellectual Property Law Civil Procedure Unjustified Threats of Patent Infringement Abuse of Dominance Anti Competitive Agreements Passing Off Disclosure Procedure +1 more

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Parties

Cabo Concepts Limited

Claimant

MGA

Defendant

MGA Entertainment, Inc.

Defendant

Procedural Posture

Civil Intellectual Property and Competition Law / Case Management Conference (cmc) Directions and Case Management Orders

Legal Issues

  1. 1 Whether to order a split trial of liability and quantum or a single trial
  2. 2 Whether to transfer the case from the Patents Court to the Competition List
  3. 3 Appropriate disclosure regime for the case

Ratio Decidendi

A split trial is not appropriate because there is significant overlap between liability, causation, and quantum; the permutations of loss are largely independent of the extent of liability found, and a single trial will be more efficient, cost-effective, and lead to a quicker resolution. The case will proceed to a single trial at which liability, causation, and quantum will all be decided. The case will not be transferred out of the Patents Court, and disclosure will proceed under the Disclosure Pilot in PD51U with abrogation of Initial Disclosure.

Court Disposition

Application for split trial refused; case to proceed as a single trial; transfer application refused; disclosure to proceed under Disclosure Pilot; directions given for trial preparation.

Orders

  • Case to proceed as a single trial covering liability, causation, and quantum.
  • No transfer out of the Patents Court; Listing Office to seek a judge with competition law expertise if possible.