ARTICLE · 25 JANUARY 2013

Part 36 Offers And Costs Orders

Beck Greener

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Following trial and judgement in patent infringement proceedings relating to aircraft seats, the matter came to a hearing as to costs and, in particular, as to whether there should be disclosure of a Part 36 offer.

United KingdomIntellectual Property

Beck Greener

Following trial and judgement in patent infringement proceedings relating to aircraft seats, the matter came to a hearing as to costs and, in particular, as to whether there should be disclosure of a Part 36 offer. The costs to be paid by the various parties were determined.

Floyd J had given judgement on substantive issues in July 2012, ([2012] EWHC 2153 (Pat)). Virgin v Jet Airways, Zodiac v Virgin, Premium v the Comptroller [2012] EWHC 3318 (Pat) deals with the costs issues.

Disclosure of Part 36 Offer

Virgin had made an offer to Contour (now Zodiac) under CPR Part 36 and the court had to decide whether it was appropriate for it to be shown that offer at this stage.

CPR Part 36.13 deals with restrictions on disclosure of Part 36 offers:

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