COST BITES 352: S.106 OF THE PATENTS ACT HAS NO IMPACT UPON THE COURT’S DECISIONS IN RELATION TO COSTS BUDGETING

There are several interesting issues raised in this judgment.  The fundamental point is whether the costs budgeting exercise is an "award of costs or expenses".  The judge decided that it is not. This, in turn, had an impact upon whether s.106 of the Patents Act 1977 meant that the defendant's budge...