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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ASI Solutions PLC v Nu -Phalt Limited (Patent) [2006] UKIntelP o15406 (27 June 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o15406.html
Cite as: [2006] UKIntelP o15406

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ASI Solutions PLC v Nu-Phalt Limited [2006] UKIntelP o15406 (27 June 2006)

For the whole decision click here: o15406

Patent decision

BL number
O/154/06
Concerning rights in
GB 2344369
Hearing Officer
Mr P Back
Decision date
27 June 2006
Person(s) or Company(s) involved
ASI Solutions PLC v Nu-Phalt Limited
Provisions discussed
PA 1977 Sections 13, 37, 72
Keywords
Costs, Entitlement
Related Decisions
[2005] UKIntelP o29205

Summary

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 Nu-Phalt 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.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o15406.html