Court of Appeal won’t re-visit cost orders after EPO revocation

IPCom established at first instance and appeal that its patent was valid and infringed by Vodafone. The Court ordered substantial costs against Vodafone who were seeking permission to appeal to the Supreme Court when the EPO's TBA revoked the patent. Vodafone applied, relying on the revocation, to the CA to vary its earlier final order. The Court today refused the application, noting that the courts' general powers cannot or should not be used to vary a sealed final order, and that Vodafone could have protected its position earlier but chose not to.