The winner doesn’t always take it all – apportioning costs in patent cases
Everyone is aware of the ordinary rule: costs follow the event. A successful litigant will recover costs in the absence of special circumstances. But what constitutes special circumstances in patent cases? The recent Full Court decision in PAC Mining Pty Ltd v Esco Corporation (No 2) [2009] FCAFC 52 highlights where the Court may depart from the ordinary rule and apportion costs on an issues basis.