Samsung Bioepis AU Pty Ltd v Janssen Biotech, Inc. (Costs) [2024] FCA 1099

Samsung Bioepis AU Pty Ltd v Janssen Biotech, Inc. (Costs) [2024] FCA 1099

There was no special or unusual feature in Janssen's conduct that warranted an indemnity costs order; surrender of the patents and cooperation in discontinuance assisted in reducing costs for both parties and did not justify departure from the standard costs order.

Parties
Applicant/cross Respondent: Samsung Bioepis AU Pty Ltd; Respondent/first Cross Claimant: Janssen Biotech, Inc.; Second Cross Claimant: Janssen-Cilag Pty Ltd
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Costs Application in Patent Revocation Proceeding / Post Discontinuance, Costs Determination
Outcome
Application dismissed. Applicant to pay respondent's costs.
Legal Topics
Costs, Patents, Innovation Patents, Practice and Procedure
Intellectual Property Costs Patents Innovation Patents Practice and Procedure

Case Brief

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Parties

Samsung Bioepis AU Pty Ltd

Applicant/cross Respondent

Janssen Biotech, Inc.

Respondent/first Cross Claimant

Janssen-Cilag Pty Ltd

Second Cross Claimant

Procedural Posture

Costs Application in Patent Revocation Proceeding / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Whether costs should be ordered on an indemnity basis following surrender of patents and discontinuance of proceedings nearly three months before trial

Ratio Decidendi

There was no special or unusual feature in Janssen's conduct that warranted an indemnity costs order; surrender of the patents and cooperation in discontinuance assisted in reducing costs for both parties and did not justify departure from the standard costs order.

Court Disposition

Application dismissed. Applicant to pay respondent's costs.

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs of the application to be agreed or, failing agreement, to be taxed.