NIPC Law

Author DebashisM   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Pat Treacy) Photobooth Props Ltd and another v NEPBH Ltd and others   [2023] EWHC 766 (IPEC) 25 April 2023 This was an application by the claimant for an order that unless the defendants make an interim payment by 16:00 on the 7th day from the date of the order, the defence of all defendants will be struck out. The obligation on the defendants to make an interim payment was an order by Ms Pat Treacy sitting as a deputy judge of the High Court at a case management conference on 2 Feb 2023. The application for the unless order was also made to Ms Treacy who decided it without a hearing on 25 April 2023 (see  Photobooth Props Ltd and another v NEPBH Ltd and others [2023] EWHC 755 (IPEC) (25 April 2023)). Importance of this Case The reason for discussing this case is that interim costs orders are rare in the Intellectual Property Enterprise Cour...

  Jane Lambert Patents Court (Nicholas Caddick QC)  Coloplast A/S v Salts Healthcare [2021] EWHC 107 (Pat) (26 Jan 2021) I discussed Nicholas Caddick QC's decision in  Coloplast A/S v Salts Healthcare Limited [2021] EWHC 3 (Pat) (18 Jan 2021) in   Patents - Coloplast A/S v Salts Healthcare Limited.   on 16 Feb 2021. It will be recalled that the claimant won everything except on obviousness.  As that was enough to defeat the action the learned deputy judge found for the defendant. On 21 Jan 2021, he had to deal with the form of order.   The following issues were in dispute: "a. Whether to make an issue-based costs order; b. The level of interim payment to award on account of costs; c. Whether to award an interim payment in respect of interest on costs; and d. Whether to grant Coloplast permission to appeal." Whether to make an Issue-Based Order Mr Caddick said at para [3] of his order: "It is common ground that Salts was the overall winner of the...