Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7

Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7

Gilead, as the successful respondent on appeal, should receive costs, but due to rejected grounds in its notice of contention which occupied some hearing time and effort, the appellants' liability for costs should be reduced by 10%.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Appeal / Costs Determination After Appeal Judgment
Outcome
The appellants are to pay 90% of the respondents' costs of and incidental to the appeal, including those relating to the notice of contention.
Legal Topics
['costs' 'patents']
['intellectual Property'] ['costs' 'patents']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 ['Whether costs in favour of respondents should be reduced due to dismissal of notice of contention and its relative significance in the appeal']

Ratio Decidendi

Gilead, as the successful respondent on appeal, should receive costs, but due to rejected grounds in its notice of contention which occupied some hearing time and effort, the appellants' liability for costs should be reduced by 10%.

Court Disposition

The appellants are to pay 90% of the respondents' costs of and incidental to the appeal, including those relating to the notice of contention.

Orders

  • ["The appellants pay 90% of the respondents' costs of and incidental to the appeal including in relation to the notice of contention."]