ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
PATENTS COURT
( MR JUSTICE PUMFREY )
Royal Courts of Justice
Strand
London, WC2
B E F O R E:
LORD JUSTICE PETER GIBSON
LORD JUSTICE SCOTT BAKER
LORD JUSTICE JACOB
SAINT-GOBAIN PAM SA
Claimant/Respondent
-v-
(1) FUSION PROVIDA LIMITED
(2) ELECTROSTEEL CASTINGS LIMITED
Defendants/Appellants
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MR ROGER WYAND QC and MR JONATHAN HILL (instructed by Messrs Bird & Bird) appeared on behalf of the Appellants
MR ALASTAIR WILSON QC and MR PETER COLLEY (instructed by Messrs Browne Jacobson LLP) appeared on behalf of the Respondent
JUDGMENT
JUDGMENT ON COSTS
1. LORD JUSTICE PETER GIBSON: We are now asked to determine a few matters arising out of our judgments.
2. On costs, the only question is whether the successful respondent should receive from the unsuccessful appellants not only the costs of the appeal but also of the respondent's notice. We think that the respondent's notice was a proper one. Although it did not succeed, we do not think that there should be any discount for that. We will therefore award the successful respondent all the costs of the appeal, including of the respondent's notice.
3. We do not think that this is an appropriate case for us to assess the costs in this court summarily.
4. There is no dispute that there should be interest at the judgment rate on the costs in this court. We were asked to make an order for interest on costs of the action before Pumfrey J. We do not think that we should be making any such order. That is a matter to be taken up, if necessary, with the judge.
5. We are asked, but it was not pressed, to grant a certificate of contested validity. The judge made that order. We do not think it appropriate to make any such order in this court.
6. The last matter is whether there should be permission to appeal. We do not think it appropriate that we ourselves should give such permission. That is a matter for the House of Lords to decide themselves.