Orderly Mind Ltd v Queue-It Aps [2025] EWHC 348 (Pat) (19 February 2025)

Orderly Mind Ltd v Queue-It Aps [2025] EWHC 348 (Pat) (19 February 2025)

Permission granted for claimant to amend its infringement case. Defendant's revised costs budget allowed in part, with reductions where justified. Additional security for costs ordered in the sum of £343,000, to be provided either by staged payments into court or by executed debenture with undertakings from Mr King and the claimant. Directions to trial revised as indicated. The form of undertakings and security reflects the need to ensure the defendant can recover costs if successful, given the claimant's asset structure and Mr King's control of the core software asset.

Citation
[2025] EWHC 348 (Pat)
Parties
Claimant: Orderly Mind Limited; Defendant: Queue-It ApS; Third Party: The Fair Queue People Limited
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Patent Infringement and Counterclaim for Invalidity and Unjustified Threats / Interlocutory Judgment on Amendments, Costs Budget, Security for Costs, and Directions to Trial
Outcome
Interlocutory applications granted in part; amendments to pleadings permitted; costs budget revised; further security for costs ordered with election as to form; directions to trial revised.
Legal Topics
Patent Infringement, Patent Validity, Costs Budgeting, Security for Costs, Pleadings Amendment, Directions to Trial

Case Brief

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Parties

Orderly Mind Limited

Claimant

Queue-It ApS

Defendant

The Fair Queue People Limited

Third Party

Procedural Posture

Patent Infringement and Counterclaim for Invalidity and Unjustified Threats / Interlocutory Judgment on Amendments, Costs Budget, Security for Costs, and Directions to Trial

  1. 1 Whether to permit amendment of the claimant's infringement case
  2. 2 Whether to approve the defendant's revised costs budget
  3. 3 Whether to order further security for costs and in what form

Ratio Decidendi

Permission granted for claimant to amend its infringement case. Defendant's revised costs budget allowed in part, with reductions where justified. Additional security for costs ordered in the sum of £343,000, to be provided either by staged payments into court or by executed debenture with undertakings from Mr King and the claimant. Directions to trial revised as indicated. The form of undertakings and security reflects the need to ensure the defendant can recover costs if successful, given the claimant's asset structure and Mr King's control of the core software asset.

Court Disposition

Interlocutory applications granted in part; amendments to pleadings permitted; costs budget revised; further security for costs ordered with election as to form; directions to trial revised.

Orders

  • Claimant permitted to amend its infringement case.
  • Defendant to serve a responsive statement of case on infringement, excluding construction unless it chooses otherwise.