Costs - Coloplast A/S v Salts Healthcare Limited
Jane Lambert Patents Court (Nicholas Caddick QC) Coloplast A/S v Salts Healthcare [2021] EWHC 107 (Pat) (26 Jan 2021) I discussed Nicholas Caddick QC's decision in Coloplast A/S v Salts Healthcare Limited [2021] EWHC 3 (Pat) (18 Jan 2021) in Patents - Coloplast A/S v Salts Healthcare Limited. on 16 Feb 2021. It will be recalled that the claimant won everything except on obviousness. As that was enough to defeat the action the learned deputy judge found for the defendant. On 21 Jan 2021, he had to deal with the form of order. The following issues were in dispute: "a. Whether to make an issue-based costs order; b. The level of interim payment to award on account of costs; c. Whether to award an interim payment in respect of interest on costs; and d. Whether to grant Coloplast permission to appeal." Whether to make an Issue-Based Order Mr Caddick said at para [3] of his order: "It is common ground that Salts was the overall winner of the...