Patent decision

BL number
O/227/06
Concerning rights in
GB2361931 GB2361932 EP01925713.8
Hearing Officer
Mr P Back
Decision date
10 August 2006
Person(s) or Company(s) involved
International Fuel Technology Inc & Ian Williamson & Clifford Hazel
Provisions discussed
PA 1977 sections 12, 37; Civil Procedure Rules 3.9(1)
Keywords
Costs, Entitlement, Withdrawal
Related Decisions
None

Summary

Entitlement proceedings were withdrawn and the defendant asked for their costs in full on the basis of their claim that the Claimant had behaved unreasonably. The Hearing Officer decided that the Claimant had used rather less care in preparing its case than one might reasonably expect, specifically in terms of failing to uncover in good time, documents which subsequently persuaded the Claimant to withdraw but that whilst this was sufficient to justify some departure from the scale, it did not merit an award of costs on a full indemnity basis.

Full decision O/227/06 PDF document29Kb