ELEMENT SIX TECHNOLOGIES LIMITED v IIa TECHNOLOGIES PTE. LTD.

ELEMENT SIX TECHNOLOGIES LIMITED v IIa TECHNOLOGIES PTE. LTD.

The plaintiff was the overall winner and entitled to costs of the whole action on the standard basis because the defendant's conduct substantially prolonged and complicated the proceedings, the offer to settle was irrelevant, and the conduct did not reach the high threshold required for indemnity costs; a costs reduction for the revoked patent was unnecessary given overlap and limited additional trial time attributable to it.

Citation
[2020] SGHC 140
Parties
Plaintiff: Element Six Technologies Ltd; Defendant: IIa Technologies Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
22 July 2020
Case Number
HC/S 26/2016
Procedural Posture
Patent Infringement and Revocation (civil) / Post Trial Costs Determination (costs Hearing Following Judgment)
Outcome
Plaintiff awarded costs of the action on the standard basis; no indemnity costs awarded; costs of the costs hearing fixed at $3,000 inclusive of disbursements.
Legal Topics
Costs Orders, Indemnity Costs, Issue Based Approach to Costs, Offer to Settle/o 22 a R 9, Proportionality and Conduct
Source Language
English
Civil Procedure Costs Intellectual Property Patent Law Costs Orders Indemnity Costs Issue Based Approach to Costs Offer to Settle/o 22 a R 9 +1 more

Case Brief

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Parties

Element Six Technologies Ltd

Plaintiff

IIa Technologies Pte Ltd

Defendant

Procedural Posture

Patent Infringement and Revocation (civil) / Post Trial Costs Determination (costs Hearing Following Judgment)

Legal Issues

  1. 1 Whether defendant's offer to settle engaged O 22A r 9(3) and affected costs
  2. 2 Which approach to costs applies: issue-based (Summit/Monsanto) or Tullio/Re Elgindata approach
  3. 3 Whether plaintiff as overall winner should receive whole costs and appropriate discount for revoked patent SG 508

Ratio Decidendi

The plaintiff was the overall winner and entitled to costs of the whole action on the standard basis because the defendant's conduct substantially prolonged and complicated the proceedings, the offer to settle was irrelevant, and the conduct did not reach the high threshold required for indemnity costs; a costs reduction for the revoked patent was unnecessary given overlap and limited additional trial time attributable to it.

Court Disposition

Plaintiff awarded costs of the action on the standard basis; no indemnity costs awarded; costs of the costs hearing fixed at $3,000 inclusive of disbursements.

Orders

  • Plaintiff to have costs of the action on the standard basis
  • No indemnity costs awarded to the plaintiff