UK Law and Practice Contributed by: Nicola Dagg, Jin Ooi, Ray Cheng and Nevyn Fournel, Kirkland & Ellis
7. Appeal 7.1 Special Provisions for Intellectual Property Proceedings Timeline for Appeals In patent proceedings, appeals to the Court of Appeal typically must be filed within a timeframe of 21 days after the judgment is handed down. It is customary in patent proceedings for this period to be stayed pending the issuance of the final order from the first instance proceedings. This ensures that the clock for the 21-day filing period starts running from the date of the final order, allowing parties a reasonable window for lodging appeals. This is a common approach in patent proceedings and recognises the need for clarity on the final judgment before initiating the appellate process. Rules and Alternative Procedure Whilst patent appeals to the Court of Appeal generally follow the same rules as other appeals to the Court of Appeal, a specific provision out- lined in Annex G of the Patents Court Guide requires the parties to provide time estimates and a timetable for the appeal. 7.2 Type of Review Appeals to the Court of Appeal in patent pro- ceedings are intentionally confined to questions of law. Unlike the trial stage, where facts are thor- oughly examined and determined, the appellate review does not embark on a comprehensive reassessment of the factual landscape. Instead, the focus is directed towards legal issues, ensur- ing that the appeal is centred on interpreting and applying legal principles relevant to the case at hand. The appellate process does not allow a full review of the facts of the case. The Court of Appeal is not a forum for re-evaluating the evi-
dence or reconsidering factual determinations made at the trial level. This characteristic under- scores the finality and conclusiveness of factual findings reached during the trial, promoting judi- cial efficiency and a focused appellate review that aligns with the overriding objective. Further, the introduction of new evidence on appeal is prohibited unless it was not available at the time of the trial.
8. Costs 8.1 Costs Before Filing a Lawsuit
There are costs involved in first obtaining advice from a law firm as to the prospects of success of the claim, the drafting and sending of any “cease-and-desist” letters, advice on jurisdiction and service, and the preparation and service of the documents required for the commencement of proceedings (being a claim form, particulars of claim, and either particulars of infringement or grounds of invalidity). The costs of the advice and pre-litigation correspondence will differ from law firm to law firm, but the actual filing of the pleadings is a fixed cost set by the court (as referred to in 8.2 Calculation of Court Fees ). 8.2 Calculation of Court Fees In the High Court, the claimant is required to pay a court fee to start proceedings, which is based on the value of the claim. If the claim is one for money (for example, a claim for damages or an account of profits), the fee payable upon issue of proceedings is 5% of the amount for claims worth between GBP10,000–GBP200,000, or GBP10,000 for claims worth more than GBP200,000. If the claim is non-monetary (such as for injunctive relief), then the fee is GBP626. If the claimant seeks monetary and non-monetary relief, then both fees must be paid. The court
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