South Africa Case Law

Cipla Medpro (Pty) Ltd v H Lundbeck A/S and Another In re: H Lundbeck A/S and Another v Cipla Medpro (Pty) Ltd (89/4476)

Cipla Medpro (Pty) Ltd v H Lundbeck A/S and Another In re: H Lundbeck A/S and Another v Cipla Medpro (Pty) Ltd (89/4476) [2010] ZACCP 6; 2010 BIP 80 (CP) (24 May 2010)

Court

Court of the Commissioner of Patents

Case number

89/4476

Judge

B.R. Southwood

The court refused to vary costs orders to add expert witness qualifying fees, finding no patent error or omission and that the application was brought too late.

• Variation Of Court Order
• Patent Litigation
• Costs Award
• Expert Witness Fees
• Rule-42-variation
• Costs-order

Vari-Deals 101 (Pty) Ltd t/a Vari Deal and Others v Sunsmart Products (Pty) Limted and Another (21061/2004)

Vari-Deals 101 (Pty) Ltd t/a Vari Deal and Others v Sunsmart Products (Pty) Limted and Another (21061/2004) [2007] ZAGPHC 140 (3 August 2007)

Court

High Courts - Gauteng

Case number

21061/2004

Judge

Bosielo

The court found that the Taxing Master had seriously misdirected himself by treating the application for postponement as complex solely because it related to a patent matter, and by accepting the private 'Mandate and Agreement' as binding without independently assessing the reasonableness of the fees. The applicants' failure to attend the taxation was excusable, and their payment of the taxed bill was involuntary, made under threat of execution, and did not amount to acquiescence or waiver. The Taxing Master allowed unnecessary duplication of legal services, resulting in exorbitant fees. Just…

Source excerpt

• Taxation Of Costs
• Patent Litigation
• Attorney And Own Client Costs
• Review Of Allocatur