Although the case relates to treatments for insomnia, we suspect that the latest episode in the ongoing saga between Neurim and Mylan might result in a few sleepless nights for patent litigators. Somewhat unconventionally, the latest instalment saw Marcus Smith J vary a costs order so as to award costs to the losing party in…

What is it with the Dutch and money? How much truth is there in the cliché that the Dutch are cheap? Do we really get back to business after a romantic diner and split the bill to the cent? Where does this ‘going Dutch’ come from? That term, according to the Oxford English Dictionary, connects…

The Hague courts are not reluctant to cross borders in patent litigation. The Dutch cross-border injunction is one (in)famous example. Maybe it’s the lack of mountains providing – on the spare sunny days – clear views to foreign skies. In two recent cases The Hague District Court has embraced a pan-European approach to the threat…

In last month’s blog about the recovery of legal costs in Belgian IP enforcement proceedings, it was announced that the Mons Court of Appeal would probably be the first Belgian court to hand down a substantive ruling on the consequences of United Video Properties / Telenet (CJEU of 28 July 2016, C-57/15). A week later,…

In Germany, the winning party is able to recover a significant amount of its costs from the losing party. This cost reimbursement, which is based on a statutory fee schedule, depends on the value of the case. The amount of recoverable fees can be quite significant; the maximum in infringement proceedings would be around slightly…

CJEU: reimbursement of legal costs in IP infringement proceedings must not be disproportionate or even insignificant On 28 July 2016, the CJEU ruled in a case concerning the reimbursement of legal costs in a patent infringement action in Belgium (United Video Properties Inc. v. Telenet NV, C‑57/15). It declared that a flat fee reimbursement system,…