Switching courts, not channels: MediaTube’s patent battle stalls
The Federal Court recently ordered a stay and security for costs in a prolonged patent infringement claim. In light of MediaTube’s strategy...Read More
Battery battle: Duracell’s good faith sparks win over legal costs
Energizer and Gillette (Duracell) could not settle on costs following a decision of the Federal Court. Although Energizer was awarded an injunction...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...Read More
Leave Granted to Amend Statement of Defence and Includes Bases of Invalidity not Contained in Notice of Allegation
In Boehringer Ingelheim (Canada) Ltd v JAMP Pharma Corporation, 2023 FC 1414, Associate Judge Cotter of the Federal Court granted JAMP’s motion...Read More
Associate Judge Allows Extension of Time to Complete Inter Partes Testing
In Gilead Sciences, Inc v JAMP Pharma Corporation, 2023 FC 1141, Associate Judge Crinson of the Federal Court granted a motion for...Read More
Enough (evidence) is enough: Redactions to invoices no barrier to lump sum costs award
In Eli Lilly v Apotex, Justice St-Louis awarded Apotex its costs in a patent action involving the drug tadalafil and three patents...Read More
Costs Awarded on Appeal Clarifying FC Model Protective Order
Justice Go recently released her costs order and reasons arising from Surewerx USA Inc. v. Dentec Safety Specialists Inc., 2022 FC 1190....Read More
Lump Sum Costs? Ça “Dépens”!
Justice Grammond awarded Vidéotron Ltée and Groupe TVA inc. costs according to the Tariff after their success in 2022 CF 256, finding...Read More
Walking Speed Claims Held Obvious In First Pharmaceutical Patent “Common Issues” Validity Trial
On May 15, 2020, the Federal Court issued its first decision in a “common issues trial” under the new Patented Medicines (Notice...Read More
Recognizing the High Cost of Litigation: Federal Court Awards 50% of Actual Legal Costs
The Federal Court has traditionally calculated costs awards using the amounts specified in Tariff B of the Federal Courts Rules. There has,...Read More
Trademark Rights Sufficient To Support Restraint of Trade
The recent decision from the Ontario Court of Appeal in Mars Canada Inc. v. Bemco Cash & Carry upheld a settlement agreement...Read More
Triple Multiplier Applied to Lump Sum Tariff Award to Dow in Patent Infringement Action against Nova
On August 8, 2017, Justice Fothergill issued his Order and Reasons awarding Dow lump sum costs in excess of $4.3 million dollars...Read More
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of...Read More
Trial Judge Knows Best: Supra-Tariff Costs Award Upheld
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova’s appeal of the order requiring...Read More
Patentee’s Conduct in Impeachment Action Warrants 50% Elevation Of Tariff B Costs
In Pollard Banknote Limited v. Babn Technologies Corp. and Scientific Games Products (Canada) ULC (2016 FC 1193), Justice Locke dealt with the...Read More
Dow’s Complex Patent Case Justifies Increased Legal Fees
Justice O’Keefe has issued a costs award granting the successful party in a patent infringement action approximately 30% of its legal costs,...Read More
API Fails To Remove Excalibre: API’s Torque Anchor Patents Invalid Or Not Infringed
Excalibre Oil Tools Ltd. v. Advantage Products Inc. concerns the validity and infringement of three Canadian patents. Justice Manson held that the...Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in...Read More
Court Re-affirms the Importance of Affidavit Evidence on a Motion for Particulars
On April 5, 2016 Justice LeBlanc released his Order and Reasons in Stryker Corporation v. Umano Medical Inc., 2016 FC 378. The...Read More
TekSavvy Gets a Shocker from Voltage: Non-Party May Bear Some Costs Associated with Discovery
The decision of Justice Annis in Voltage Pictures LLC v. John Doe and Jane Doe reaffirms that there is no rule that...Read More
Do ask, still don’t get – $2000 awarded on Bill of Costs seeking more than $400,000
Teva Canada Limited and Sanofi-Aventis Canada Inc have duelled over Teva’s generic ramipril product in various proceedings, including an NOC proceeding, an...Read More
Costs of second tadalafil prohibition application against the same patent assessed at midpoint of column IV
As we previously reported here, Justice Gleason allowed Lilly’s prohibition application in respect of the Canadian Patent No. 2,226,784 with costs following...Read More
Absent Unusual Circumstances, Column IV Costs Remain the Standard in PM(NOC) Proceedings
Justice O’Reilly’s decision in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited confirms that costs awarded at the upper end of Column...Read More
Don’t Ask, Don’t Get – Costs on Motions in the Federal Court
On September 18, 2015, Justice Leblanc granted an appeal of a decision of Prothonotary Tabib awarding Eli Lilly costs on a motion...Read More
Lilly entitled to costs for moot ALIMTA prohibition application
On June 7, 2013, Justice Barnes of the Federal Court of Canada issued his Supplementary Reasons for Judgment dealing with the costs...Read More