Merck Sharp & Dohme Ltd v Ono Pharmaceutical Co Ltd & Ors

Merck Sharp & Dohme Ltd v Ono Pharmaceutical Co Ltd & Ors

BMS is the overall winner of the litigation, and Merck must pay BMS's general costs not attributable to the '336 patent incurred before 17th February 2015, as apportionment is not feasible or fair given the circumstances and the consent order.

Parties
Claimant: Merck Sharp & Dohme Limited; Defendant: Ono Pharmaceutical Co. Limited; Defendant: Tasuku Honjo; Part 20 Claimant: Bristol-Myers Squibb Company; Part 20 Defendant: Merck & Co. Inc
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Patent Litigation / Costs Determination Following Main Judgment
Outcome
Merck to pay BMS's general costs not attributable to the '336 patent incurred before 17th February 2015.
Legal Topics
Patent Validity, Patent Infringement, Costs Apportionment
Intellectual Property Civil Procedure Patent Validity Patent Infringement Costs Apportionment

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Parties

Merck Sharp & Dohme Limited

Claimant

Ono Pharmaceutical Co. Limited

Defendant

Tasuku Honjo

Defendant

Bristol-Myers Squibb Company

Part 20 Claimant

Merck & Co. Inc

Part 20 Defendant

Procedural Posture

Patent Litigation / Costs Determination Following Main Judgment

Legal Issues

  1. 1 How should general costs incurred before 17th February 2015 be apportioned between the parties?
  2. 2 Should Merck pay BMS's general costs not attributable to the '336 patent?
  3. 3 Is there an overall winner for the purposes of costs determination?

Ratio Decidendi

BMS is the overall winner of the litigation, and Merck must pay BMS's general costs not attributable to the '336 patent incurred before 17th February 2015, as apportionment is not feasible or fair given the circumstances and the consent order.

Court Disposition

Merck to pay BMS's general costs not attributable to the '336 patent incurred before 17th February 2015.

Orders

  • Costs not attributed to '336 and incurred before 17th February 2015 to be paid by Merck.
  • Costs attributable to '336 patent to be dealt with under the consent order.