Apotex Pty Ltd v Les Laboratoires Servier (No 3) [2009] FCA 1069

Apotex Pty Ltd v Les Laboratoires Servier (No 3) [2009] FCA 1069

Costs should follow the event; since Apotex was ultimately successful and Servier's objections to amendments were not trivial or unreasonable, there is no basis for discounting the costs in Servier's favour despite Servier's partial success on allowability of amendments under s 102.

Jurisdiction
Australia
Judgment Date
22 September 2009
Procedural Posture
Costs Application in Patent Proceedings / Post Judgment – Order for Costs Following Dismissal of Amendment Application
Outcome
Application to discount costs refused; Apotex entitled to costs
Legal Topics
['patents' 'patent Amendment' 'discretion in Costs' 'costs Orders']
['intellectual Property Law' 'civil Procedure'] ['patents' 'patent Amendment' 'discretion in Costs' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Patent Proceedings / Post Judgment – Order for Costs Following Dismissal of Amendment Application

Legal Issues

  1. 1 ['Whether costs should be discounted in favour of a party seeking to amend a patent when the application to amend is dismissed despite some success on individual issues']

Ratio Decidendi

Costs should follow the event; since Apotex was ultimately successful and Servier's objections to amendments were not trivial or unreasonable, there is no basis for discounting the costs in Servier's favour despite Servier's partial success on allowability of amendments under s 102.

Court Disposition

Application to discount costs refused; Apotex entitled to costs

Orders

  • ["No further order as to costs; the stay on the previous order (requiring Servier to pay Apotex's costs) has expired and stands"]