Glaxosmithkline Biologicals SA v Novartis AG

Glaxosmithkline Biologicals SA v Novartis AG

Both parties bear responsibility for wasted costs due to resistance to stay and lack of support for expedition. Novartis should bear costs of revocation proceedings up to the date of its application for a stay; thereafter, each party bears its own costs. Novartis should pay costs of infringement proceedings.

Source-derived case information.

Parties
Claimant: GlaxoSmithKline Biologicals SA; Defendant: Novartis AG; Defendant: SmithKline Beecham PLC
Jurisdiction
England and Wales
Judgment Date
14 July 2010
Procedural Posture
Patent Revocation and Infringement / Costs Determination After Discontinuance
Outcome
Costs apportioned: Novartis to pay costs of revocation proceedings up to stay application; thereafter, each party bears own costs. Novartis to pay costs of infringement proceedings.
Legal Topics
Patent Revocation, Patent Infringement, Costs on Discontinuance, Stay of Proceedings
Intellectual Property Civil Procedure Patent Revocation Patent Infringement Costs on Discontinuance Stay of Proceedings

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Parties

GlaxoSmithKline Biologicals SA

Claimant

Novartis AG

Defendant

SmithKline Beecham PLC

Defendant

Procedural Posture

Patent Revocation and Infringement / Costs Determination After Discontinuance

Legal Issues

  1. 1 Who should bear the costs of the proceedings after both parties discontinue their claims?
  2. 2 Is there good reason to depart from the normal order under CPR rule 38.6(1)?

Ratio Decidendi

Both parties bear responsibility for wasted costs due to resistance to stay and lack of support for expedition. Novartis should bear costs of revocation proceedings up to the date of its application for a stay; thereafter, each party bears its own costs. Novartis should pay costs of infringement proceedings.

Court Disposition

Costs apportioned: Novartis to pay costs of revocation proceedings up to stay application; thereafter, each party bears own costs. Novartis to pay costs of infringement proceedings.

Orders

  • Novartis to bear costs of revocation proceedings up to date of application notice seeking a stay.
  • Each party to bear own costs from date of stay application in revocation proceedings.