Patent decision

BL number
O/337/10
Concerning rights in
GB2440699B
Hearing Officer
Mr S Probert
Decision date
29 September 2010
Person(s) or Company(s) involved
Loadhog Limited v Polymer Logistics BV
Keywords
Costs
Related Decisions
O/274/09, O/031/10, O/195/10

Summary

This was an application to revoke under section 72. The application having failed on all grounds, the defendant (patentee) was entitled to a contribution towards its costs in the action.

The parties agreed with the Hearing Officer’s preliminary view (given in the substantive decision) that there was no reason to award costs above the standard scale. However, the defendant submitted that each category in the scale should be applied several times if appropriate - eg. £500 - £2000 in respect of each expert report and/or witness statement filed in the proceedings. The Hearing Officer did not accept that this was how the scale should be applied, not least because it would defeat one of the purposes of the published scale - ie. predictability of costs.

Full decision O/337/10 PDF document24Kb