L’Oréal SA v RN Ventures Ltd

Subject Matter

COSTS — Patent — Infringement — Parent company granting exclusive licence of patent to subsidiary — Parent and subsidiary bringing infringement claim — Costs arrangement between parent and subsidiary under which parent liable for all costs of claim — Delay in registering licence preventing subsidiary from recovering costs attributable to claim in respect of infringements prior to registration of licence — Whether despite subsidiary’s limited right to costs parent entitled to full costs of successful infringement claim — Patents Act 1977 (c 37), s 68 (as amended by Intellectual Property (Enforcement, etc) Regulations 2006 (SI 2006/1028), reg 2(2)(4), Sch 2, para 4(b), Sch 4, para 1)

[2018] EWHC 391 (Ch); [2018] Bus LR 1149; [2018] WLR(D) 163, Ch D