Percentage award – 2

Secretary of State for Education & Skills v Frontline Technology Ltd [2004] EWHC 1563 (Ch) (Patents Court)

The Court found for the claimant on two patent claims and for the defendant on another. The Court adopted an issue-based approach, relating the issues to the percentage of time taken at trial, applying the same apportionment to the pre-trial costs. The question was how one categorised who was the successful party. Even by the standards of patent actions there had been serious overloading on the grounds of attack by the claimant with little attempt to limit the issues. After considering the evidence and the issues individually the claimant was ordered to pay 80% of the defendant’s costs.