Lump sum costs denied in IP summary trial; costs fixed under tariff at $54,593.33.
Following a successful motion for summary trial in an intellectual property dispute, the plaintiffs sought a lump sum costs award of $120,000 for fees plus disbursements.
The Federal Court declined to award a lump sum, finding the case did not meet the complexity threshold of other IP matters where lump sums were awarded, and noting a significant resource imbalance between the large plaintiff corporations and the start-up defendants.
Costs were instead fixed according to Column III of the tariff at $54,593.33, payable immediately by the unsuccessful defendants.
