ITP SA v Technip Offshore UK Ltd [2005] ScotCS CSIH_76 (15 November 2005)

The defenders are entitled to the expenses of the whole proceedings because the revocation of the patent by the European Patent Office provided a conclusive answer in their favour, and the pursuers assumed the risk of such an outcome by litigating while the patent's validity was under challenge.

Citation: [2005] ScotCS CSIH_76
Parties: Pursuers and Respondents: ITP SA; Defenders and Reclaimers: Technip Offshore UK Limited, formerly known as Coflexip Stena Offshore Limited
Jurisdiction: Scotland
Judgment Date: 15 November 2005
Procedural Posture: Reclaiming Motion (appeal) / Post Judgment, Determination of Expenses
Outcome: Defenders awarded expenses of the whole proceedings.
Legal Topics: Patent Revocation, Expenses (costs), Patent Infringement, Appeal Procedure

Intellectual Property Civil Procedure Patent Revocation Expenses (costs) Patent Infringement Appeal Procedure

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Parties

ITP SA

Pursuers and Respondents

Technip Offshore UK Limited, formerly known as Coflexip Stena Offshore Limited

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Post Judgment, Determination of Expenses

Legal Issues

1 Entitlement to expenses (costs) prior to revocation of patent by European Patent Office
2 Effect of subsequent patent revocation on allocation of expenses in domestic proceedings

Ratio Decidendi

Court Disposition

Defenders awarded expenses of the whole proceedings.

Orders

Defenders awarded expenses of the whole proceedings.
Solicitors entitled to an additional fee under Rule of Court 42.14 heads (a), (b), (c), (e), and (f).