Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 6) [2020] FCA 1001

The successful respondents were awarded 85% of their costs to reflect the interests of justice, given their lack of success on discrete issues that contributed significantly to the litigation's costs, especially concerning PBS listing and discretionary defences.

Parties: Applicant: Commonwealth of Australia; First Respondent: Sanofi (formerly Sanofi-Aventis); Second Respondent: Sanofi-Aventis US LLC; Third Respondent: Bristol-Myers Squibb Investco LLC
Jurisdiction: Australia
Judgment Date: 16 July 2020
Procedural Posture: Application for Compensation / Post Judgment Costs Determination
Outcome: Costs order partially in favour of respondents
Legal Topics: Apportionment of Costs, Costs Discretion, Patent Litigation

Costs Intellectual Property Apportionment of Costs Costs Discretion Patent Litigation

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

Commonwealth of Australia

Applicant

Sanofi (formerly Sanofi-Aventis)

First Respondent

Sanofi-Aventis US LLC

Second Respondent

Bristol-Myers Squibb Investco LLC

Third Respondent

Procedural Posture

Application for Compensation / Post Judgment Costs Determination

Legal Issues

1 Whether costs awarded to respondents should be reduced on account of applicant's success on discrete issues
2 Appropriate apportionment of costs given mixed success across issues

Ratio Decidendi

Court Disposition

Costs order partially in favour of respondents

Orders

The Commonwealth of Australia pay the respondents 85% of their costs of the application for compensation filed 1 April 2013.