Patents: Alk-Abello Ltd v Meridian Medical Technologies
One of my worries when the Intellectual Property Users Committee announced its Proposals for Reform of the Patents County Court was that the proposed costs cap on intellectual property litigation in the PCC would be scuppered by transfers to the High Court or routine arguments that a party had behaved badly. My fears have been allayed to a certain extent by Judge Birrs QC's pledge to make the new Rules and Practice Direction work. Thus it would enable the Patents County Court to achieve its objective of ensuring that "small and medium sized enterprises, and private individuals, were not deterred from innovation by the potential cost of litigation to safeguard their rights." If that comes to pass, I am very glad to hear it. I have to add that I think the judge means what he says. I found myself up against Colin Birrs more than once when he was at the bar and I can say that he was always a fair, reasonable and not an unpleasant opponent. Having said, the judge did ki...