Master Blaster (Pty) Ltd v Sasol Dyno (Pty) Ltd (8313/2004) [2020] ZAGPPHC 376; 2021 BIP 3 (GP) (26 May 2020)

Master Blaster (Pty) Ltd v Sasol Dyno (Pty) Ltd (8313/2004) [2020] ZAGPPHC 376; 2021 BIP 3 (GP) (26 May 2020)

The court found that exceptional circumstances existed because SDN's patent was amended twice during the revocation proceedings, indicating that the patent was initially invalid. The amendments narrowed the scope of the patent and would not have occurred but for the revocation application. The second amendment was not excusable, as SDN should have detected the defect during the first amendment. SDN's conduct resulted in unnecessary costs and protracted litigation for both parties. Master Blaster was substantially successful in curtailing the ambit of the patent, and the ordinary rule that the withdrawing party pays costs should not apply. Accordingly, SDN was ordered to pay the costs of...

Citation
[2020] ZAGPPHC 376
Parties
Applicant: Master Blaster (Pty) Ltd; Respondent: Sasol Dyno Nobel (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2020
Case Number
8313/2004
Procedural Posture
Civil Application / Costs Determination Following Withdrawal of Revocation Application
Outcome
Application for costs by SDN dismissed; costs awarded to Master Blaster.
Judges
T.J Raulinga
Legal Topics
Patent Revocation, Costs Award, Exceptional Circumstances, Amendment of Patent, Expert Witness Costs
Intellectual Property Civil Procedure Patent Revocation Costs Award Exceptional Circumstances Amendment of Patent Expert Witness Costs

Case Brief

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Parties

Master Blaster (Pty) Ltd

Applicant

Sasol Dyno Nobel (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Costs Determination Following Withdrawal of Revocation Application

Legal Issues

  1. 1 Whether the respondent is entitled to costs following the withdrawal of the revocation application by the applicant.
  2. 2 Whether exceptional circumstances exist to justify a departure from the ordinary rule that the withdrawing party pays costs.
  3. 3 Whether amendments to the patent during proceedings constitute exceptional circumstances.

Ratio Decidendi

The court found that exceptional circumstances existed because SDN's patent was amended twice during the revocation proceedings, indicating that the patent was initially invalid. The amendments narrowed the scope of the patent and would not have occurred but for the revocation application. The second amendment was not excusable, as SDN should have detected the defect during the first amendment. SDN's conduct resulted in unnecessary costs and protracted litigation for both parties. Master Blaster was substantially successful in curtailing the ambit of the patent, and the ordinary rule that the withdrawing party pays costs should not apply. Accordingly, SDN was ordered to pay the costs of...

Court Disposition

Application for costs by SDN dismissed; costs awarded to Master Blaster.

Orders

  • SDN, the patentee, is to pay the costs of the revocation application.
  • SDN is to pay costs of the hearing-related costs.