Posts

Showing posts with the label CPR Part 45

Costs - Lutec (UK) Ltd v Cascade Holdings Ltd

Image
  Jane Lambert Intellectual Property Enterprise Court   (Mr David Stone) Lutec (UK) Ltd and others v Cascade Holdings Ltd and another (Costs) [2021] EWHC 2259 (IPEC) (13 Aug 2021) In Lutec (UK) Ltd and others v Cascade Holdings Ltd and another [2021] EWHC 1936 (IPEC) (09 July 2021), Mr David Stone found that the defendants had infringed the third claimant's registered designs. I discussed the case in  Registered Designs - Lutec (UK) Ltd v Cascade Holdings Ltd   on 2 Aug 2021.  The learned deputy judge  awarded  the third claimant its costs, to be assessed if not agreed. The parties were unable to agree on those costs so they asked Mr Stone to assess them. Costs in Ithe Patents County Court In  New Patents County Court Rules   (31 Oct 2021 NIPC Law), I discussed changes to Part 45 of the Civil Procedure Rules and the Part 45 Practice Direction which limited the costs that could be recovered in the Patents County Court.  Essentially, tho...

New Patents County Court Rules

New From 1 Oct 2012 there will be a new small claims track in the Patents County Court, a reform recommended by Hargreaves, Jackson and Gowers. I have written written about the rules governing actions in this new jurisdiction in  Patents County Court - the New Small Claims Track Rules 20 Sept 2012. Possible Correlation between the Cost of Enforcement and the Number of British Patent Applications In November 2003 the Intellectual Property Advisory Committee published the report The Enforcement of Patent Rights . On page 50 of the report the Committee compared the cost of patent infringement litigation in the UK, USA, France, Germany and the Netherlands. It found that the costs in Patents Court were around £1 million. Even in the Patents County Court ( “PCC” ) they were between £150,000 and £250,000. By contrast, the costs in France were between €30,000 and €50,000, those in Germany between €25,000 and €50,000 depending on scale, and those in the Netherlands €10,000 to €20,...