Costs are allowed or disallowed in patent infringement actions on the same basis as in any other litigation1 and normally costs follow the event2. Where, however, it is appropriate, the practice is to deal with costs on an issue basis so as to reflect the time and expense of the issues on which the parties succeeded3. However, that approach should not be applied automatically and it is always necessary to step back to see what is the overall effect of that approach4. The correct approach is to ask who is the overall winner in the
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