Jurisdiction(s):
United Kingdom

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

United States patent litigation: comprehensive guide to litigation holds, venue, pleadings, defences, PTAB reviews, discovery, claim construction, settlement and remedies (archived)

Published by a LexisNexis IP expert

Practice notes

ARCHIVED

This Practice Note is archived and is no longer maintained. Originally prepared for Lexis Practice Advisor®, in the United States, it outlines the patent litigation pathway and principal considerations when a client elects to sue or is accused of patent infringement. Such disputes are protracted and may run for years, generating substantial legal spend and diverting people and funds from every party involved. They can also imperil the claimant’s patent(s), as accused infringers frequently contest validity and/or enforceability through affirmative defences or counterclaims, or by initiating a parallel administrative case before the Patent Trial and Appeal Board (PTAB), including an inter partes review (IPR). Conversely, litigation can be an effective Enforcement tool that, if successful, yields sizeable Damages and discourages future infringement. Matters to evaluate include:

Imposing a litigation hold as soon as proceedings are reasonably anticipated
Selecting a favourable venue
Preparing the pleading for common patent claims (direct infringement, contributory infringement, and inducement)
Answering the complaint...

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Web page updated on 22/05/2026

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