Affymetrix Inc & Anor v Multilyte Ltd

Affymetrix Inc & Anor v Multilyte Ltd

It is reasonable for a party to try to negotiate a termination of proceedings; taking two weeks to do so is not excessive and does not justify indemnity costs.

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 Judgment Costs Determination
Outcome
Claimants' request for indemnity costs for the period from 4 to 18 August denied; costs to be paid on the standard basis.
Legal Topics
Patent Revocation, Declarations of Non Infringement, Costs Orders, Indemnity Costs
Intellectual Property Civil Procedure Patent Revocation Declarations of Non Infringement Costs Orders Indemnity Costs

Case Brief

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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 Judgment Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded for the period 4 to 18 August
  2. 2 Whether the defendant's conduct was improper or unreasonable to justify indemnity costs

Ratio Decidendi

It is reasonable for a party to try to negotiate a termination of proceedings; taking two weeks to do so is not excessive and does not justify indemnity costs.

Court Disposition

Claimants' request for indemnity costs for the period from 4 to 18 August denied; costs to be paid on the standard basis.

Orders

  • Defendant's two United Kingdom patents revoked.
  • Defendant’s counterclaim for infringement dismissed.