3 total
Elevated lump sum costs of $878,218.00 awarded to successful defendant in complex patent litigation.
Mylan brought a motion for directions seeking an elevated lump sum costs award following its successful counterclaim in a complex drug patent proceeding regarding the 684 Patent.
The Court found that an elevated lump sum award of 30% of actual reasonable legal fees was appropriate given the importance and complexity of the issues, awarding Mylan $878,218.00 inclusive of fees, disbursements, and tax, plus post-judgment interest.
Defendant in patent case awarded $371,260.50 lump sum costs equivalent to top of Column V.
Following a liability phase regarding three pharmaceutical patents, Teva brought a motion for directions on costs seeking a lump sum of 37.5% of its legal fees plus disbursements.
The plaintiffs did not oppose directions for costs on two dropped patents but argued the lump sum should be reduced and calculated differently.
The Federal Court ordered a lump sum costs award but found the circumstances did not warrant an elevated award beyond what would be comparable to the top of Column V of Tariff B. Teva was awarded $371,260.50 inclusive of fees, disbursements, and tax.
Motion to strike generic drug manufacturer's claims for damages, unjust enrichment, and Trade-marks Act violations dismissed.
The defendants moved to strike parts of the plaintiff's statement of claim, which sought damages for the delay in marketing its generic drug caused by the defendants' actions under the Patented Medicines (Notice of Compliance) Regulations.
The plaintiff claimed damages under s. 8 of the Regulations, unjust enrichment, and the Trade-marks Act after the defendants' patent was declared invalid.
The court dismissed the motion to strike these claims, finding they had a reasonable prospect of success and raised unsettled legal questions, but struck a bald claim for remedies 'otherwise available at law'.
