Patent claims

Monsanto Technology LLC v (1) Cargill International SA (2) Cargill Plc [2007] EWHC 3113 (Pat)

Before the Civil Procedure Rules, the court exercised a general control on costs in patent actions by the process of certification which required the court, in awarding costs, to identify the overall winner of the proceedings. This prevented costs from being allowed in respect of any issues raised in the particulars of infringements or particulars of objections unless the court had certified that such issues or particulars had been proven or were reasonable and proper.