In today’s costs judgment in MMI Research Ltd v Cellxion Ltd & Ors  EWCA Civ 139 the
Court of Appeal, applying the general rules on costs, declined to award costs to the defendants, which had ultimately prevailed on a
question of obviousness, because they had raised so many issues on which they lost.
Notwithstanding that the points raised may have been individually reasonable, the sheer number
The Court not only refused to grant costs in respect of the unsuccessful defences, but also in respect of the point on which the defendants had prevailed: “That we think is the appropriate price to be paid for its profligacy.” However, the Court did not go so far as to award costs against the defendants, as the patentee had asked.