Utynam's Heirs
01 May 2008
A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449
diary@managingip.com
Ways to spend £6 million
Much merriment in the UK press last month about Mr Justice Floyd's criticism of the size of Allen & Overy's bills for a recent five-day trial in which it acted for Blackberry-maker Research in Motion (RIM).
Floyd described the £6 million ($12 million) of costs racked up by RIM in what he called "a not particularly heavy patent action" as "astonishing", especially given that the opposing party (Visto, advised by Taylor Wessing) spent only £1.6 million ($3.2 million). Allen & Overy's partner, associates and trainees billed a total of more than 14,000 hours' work in a 15-month period at a total profit cost of £5.18 million – an average of about £370 an hour.
Costs are important in UK patent litigation, as they can, at least in part, be claimed back from losing litigants. It...
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