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Article Excerpt
Costs are a very real and quantifiable concern in all types of commercial litigation, particularly patent litigation. They are usually a significant business expense and invariably require a commitment of significant resources and separate budget allocations. Accordingly, litigants and their advisors should be very conscious of whether an appropriate offer to settle the proceedings should be made, the timing of that offer and what should be offered.
These issues were considered in the recent Federal Court decision of Uniline Australia v SBriggs Pty Ltd (No. 2) [2009] FCA 920. For one component of this litigation, the Court awarded indemnity costs in favour of Uniline, who was represented by DLA Phillips Fox, as it had made a genuine offer of compromise, which had not been accepted by the respondent.
The litigation The dispute began in early 2007 when SBriggs, who trades as Acmeda, sent various letters of demand to Uniline alleging that Uniline's product, a roller blind component...
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