Patent decision

BL number
O/164/09
Concerning rights in
EP(UK)1089738
Hearing Officer
Mr S Probert
Decision date
17 June 2009
Person(s) or Company(s) involved
ED. GEISTLICH SÖHNE AG FÜR CHEMISCHE INDUSTRIE and ND PARTNERS, LLC
Provisions discussed
Section 37
Keywords
Costs
Related Decisions
None

Summary

Summary: These entitlement proceedings were withdrawn on the eve of a preliminary hearing. Statement and counterstatement had been filed, but the evidence rounds had not commenced. The defendant requested an award of actual costs (ie. above the standard scale) in view of the claimant’s late withdrawal.

The hearing officer decided not to award costs above the scale, but in view of the multi-jurisdictional nature of the issues in the case, he awarded costs near the top end of the scale.

Full decision O/164/09 PDF document23Kb