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.
