2,365,281 / anti-IL-12 antibodies / STELARA
I’ve just finished reading the AbbVie decision, and I will post on the substantive issues shortly. But for this first post, I will start with the very last issue – costs. Unusually, Hughes J held that each party will bear their own costs. Here are the relevant paragraphs in full:
[186] I come to the issue of costs. As I expressed to Counsel during the trial, I am
extremely disappointed that they did not take advantage of the Case Management and
Trial Management process so as to narrow the issues, make appropriate agreements as to
facts, and otherwise get this matter ready for trial; focusing on the important issues. The
case has been instituted some four years ago, yet even up to and during the trial, Counsel
was going back and forth as to issues and factual concessions. Expert reports were served
that never were made part of the record. Letters rogatory were issued, yet never used.
Other witnesses, whose names were mentioned from time to time, were never called.
Discovery of the parties and named inventors were prolonged and numerous tedious
motions were brought to compel yet further discovery. Scant portions of the discovery
transcripts were deemed read in at trial; most of which could have been dealt with by an
agreement as to facts. In all, the parties have not made full or proper use of the pre-trial
process and management procedures, notwithstanding abundant applications to the Court
about this or that point. We expect better.
[187] Therefore, each party will bear its own costs, except where there has been a
particular Order of this Court awarding costs. Where costs have been left to the Trial
Judge or in the cause, there will be no costs.
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