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.
Motion granted to substitute discovery witness blocked by COVID-19 and German treaty.
In a patent infringement action, the defendant brought a motion to compel the attendance of a substitute discovery witness on behalf of the corporate plaintiffs.
The plaintiffs' selected representative, a resident of Germany, was unable to be examined outside of Germany due to COVID-19 travel restrictions, and there was no practical way to complete his examination in Germany in accordance with the German British Convention within the trial timeline.
The Court granted the motion, ordering the plaintiffs to designate an alternative representative capable of being examined outside of Germany or Austria.
Patent Office records ordered amended under s. 52 to remove mistakenly named inventors.
The applicant, Inguran LLC dba STGenetics, applied under section 52 of the Patent Act to amend four Canadian patents to remove six individuals incorrectly named as inventors due to an inadvertent error during the division of a parent patent application.
The application was unopposed by the Commissioner of Patents.
The Federal Court found that the non-inventors did not contribute to the inventive concept of the claims in the patents in issue.
The Court granted the application, ordering the Commissioner to vary the records by removing the six non-inventors, without costs.
