Schedule 2

“SECTION V

PATENTS COUNTY COURT

Scope of this Section

63.17.

This Part, as modified by this Section, applies to claims started in or transferred to a patents county court.

Transfer of proceedings

63.18.

When considering whether to transfer proceedings to or from a patents county court, the court will have regard to the provisions of Practice Direction 30.

Patents judge

63.19.

(1)

Subject to paragraph (2), proceedings in a patents county court will be dealt with by the patents judge of that court.

(2)

When a matter needs to be dealt with urgently and it is not practicable or appropriate for the patents judge to deal with it, the matter may be dealt with by another judge with appropriate specialist experience nominated by the Chancellor of the High Court.

Statements of case

63.20.

(1)

Part 16 applies with the modification that a statement of case must set out concisely all the facts and arguments upon which the party serving it relies.

(2)

The particulars of claim must state whether the claimant has complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct).

Statement of truth

63.21.

Part 22 applies with the modification that the statement of truth verifying a statement of case must be signed by a person with knowledge of the facts alleged, or if no one person has knowledge of all the facts, by persons who between them have knowledge of all the facts alleged.

Defence and reply

63.22.

(1)

Rule 63.7 does not apply and Part 15 applies with the following modifications.

(2)

Where the particulars of claim contain a confirmation in accordance with rule 63.20(2), the period for filing a defence is 42 days after service of the particulars of claim unless rule 15.4(2) provides for a longer period to do so.

(3)

Where the particulars of claim do not contain a confirmation in accordance with rule 63.20(2), the period for filing a defence is 70 days after service of the particulars of claim.

(4)

Where the claimant files a reply to a defence it must be filed and served on all other parties within 28 days of service of the defence.

(5)

Where the defendant files a reply to a defence to a counterclaim it must be filed and served on all other parties within 14 days of service of the defence to the counterclaim.

(6)

The periods in this rule may only be extended by order of the court and for good reason.

Case management

63.23.

(1)

At the first case management conference after those defendants who intend to file and serve a defence have done so, the court will identify the issues and decide whether to make an order in accordance with paragraph 29.1 of Practice Direction 63.

(2)

Save in exceptional circumstances the court will not consider an application by a party to submit material in addition to that ordered under paragraph (1).

(3)

The court may determine the claim on the papers where all parties consent.

Disclosure and inspection

63.24.

(1)

Rule 63.9 does not apply.

(2)

Part 31 applies save that the provisions on standard disclosure do not apply.

Applications

63.25.

(1)

Part 23 applies with the modifications set out in this rule.

(2)

Except at the case management conference provided for in rule 63.23(1), a respondent to an application must file and serve on all relevant parties a response within 5 days of the service of the application notice.

(3)

The court will deal with an application without a hearing unless the court considers it necessary to hold a hearing.

(4)

An application to transfer the claim to the High Court or to stay proceedings must be made before or at the case management conference provided for in rule 63.23(1).

(5)

The court will consider an application to transfer the claim later in the proceedings only where there are exceptional circumstances.

Costs

63.26.

(1)

Subject to paragraph (2), the court will reserve the costs of an application to the conclusion of the trial when they will be subject to summary assessment.

(2)

Where a party has behaved unreasonably the court will make an order for costs at the conclusion of the hearing.

(3)

Where the court makes a summary assessment of costs, it will do so in accordance with Section VII of Part 45.”