Affymetrix Inc & Anor v Multilyte Ltd [2004] EWHC 2316 (Ch) (31 August 2004)

It is reasonable for a party to negotiate termination of proceedings; two weeks is not excessive and most costs will be recoverable on the standard basis. No material justifies indemnity costs for the period in question.

Citation: [2004] EWHC 2316 (Ch)
Parties: Claimant: Affymetrix Inc.; Claimant: Affymetrix UK Limited; Defendant: Multilyte Limited
Jurisdiction: England and Wales
Judgment Date: 31 August 2004
Procedural Posture: Patent Revocation and Non Infringement Application With Counterclaim for Infringement / Post Hearing Costs Determination
Outcome: Claimants' request for indemnity costs for 4 to 18 August refused; standard costs order applies.
Legal Topics: Patent Revocation, Non Infringement, Costs Orders, Indemnity Costs

Intellectual Property Patents Patent Revocation Non Infringement Costs Orders Indemnity Costs

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Parties

Affymetrix Inc.

Claimant

Affymetrix UK Limited

Claimant

Multilyte Limited

Defendant

Procedural Posture

Patent Revocation and Non Infringement Application With Counterclaim for Infringement / Post Hearing Costs Determination

Legal Issues

1 Whether indemnity costs should be awarded for the period from 4 to 18 August
2 Whether defendant's conduct in negotiating withdrawal was improper or unreasonable

Ratio Decidendi

Court Disposition

Claimants' request for indemnity costs for 4 to 18 August refused; standard costs order applies.

Orders

Defendant's two UK patents revoked
Defendant's counterclaim for infringement dismissed