IPO The decision addresses the issue of whether or not it is appropriate in this particular case to depart from the comptroller’s published scale in making an award of costs. ASI identified four reasons why it believed the behaviour of NuPhalt caused it to incur unreasonable additional cost. These were that they maintained a case that was bound to fail; that their behaviour was an abuse of process; that their general behaviour caused ASI unnecessary expense and that they failed to settle. It was held that there was no basis in any of these to justify a cost award off the published scale.
Judges:
Mr P Back
Citations:
[2006] UKIntelP o15406, GB 2344369
Links:
Intellectual Property
Updated: 14 October 2022; Ref: scu.454717
