To PCC or not to PCC? Here's a helpful chart

Published here in the current issue of the UK Intellectual Property Office's IP Insight, in "IP enforcement in UK: Cheaper and simpler new procedure", but first published here as one of its IP Updates, is a very helpful chart prepared by international IP firm Marks & Clerk.  PatLit thanks Graham Burnett-Hall for letting us reproduce it for the benefit of our readers.

	Patents County Court	High Court (including Patents Court)
Types of IPR handled	All	All
Types of claim	Generally suited to simpler, lower value claims up to £500,000 in damages value	More complex, higher value claims
Statements of case	Must contain the facts and detailed arguments on which the parties rely	Relatively brief: must contain the facts on which the parties rely
Extensions to time limits for filing statements of case	Only if allowed by the court	May be made by consent or by order of the court
Standard disclosure of relevant documents	No	Yes (but scope of disclosure limited in patent cases)
Specific disclosure of documents	Only if ordered by the court at the case management conference	If ordered following an application to the court
Fact evidence	Only if ordered by the court at the case management conference	Yes
Expert evidence	Only if ordered by the court at the case management conference	Generally permitted
Experiments	Only if ordered by the court at the case management conference	Generally permitted in relevant cases
Written submissions (skeleton arguments) prior to trial	Only if ordered by the court at the case management conference	Yes
Cross examination at trial	Only if ordered by the court at the case management conference	Yes
Trial length	1-2 days	Typically 2-15 days: often 4-5 days or more for patent cases
Costs recovery	Capped at £50,000 for cases determining liability	Generally the loser pays the winner’s costs, typically around 70% of amount spent - no cap