In a long-running patent dispute between two pharmaceutical companies, a High Court Judge has ruled that the same cost recovery principles which apply to other types of litigation should also apply to patent cases, according to reports.
The ruling, which relates to a recent case where three patents owned by Cubist Pharmaceuticals were revoked following a judgment in favour of Hospiria, effectively means that where costs can be “suitably circumscribable” to specific issues that an overall winner lost in a dispute, such costs can now be recovered by the unsuccessful party, subject to certain circumstances.
Mr Justice Carr said: “Where there is a discrete issue, which required substantial expenditure of costs, it may be just in all the circumstances to order payment of costs.”
However, he added: “There must be something which makes it appropriate and just to order not only that the successful party does not recover his costs, but also that it should pay the costs of the relevant issue”.
Mr Justice Carr ultimately ruled that “the approach to awards of costs in patent cases” does not differ “from that adopted in other types of litigation”. However, the Court involved did specify that it is not necessary to submit a detailed costs bill on a form of order hearing.