Research in Motion v. Visto Corporation

Research in Motion v. Visto Corporation

The plaintiff is awarded costs at the middle of Column III with reasonable and necessary disbursements taxable, but the total of costs and disbursements is reduced by one-half because the litigation was conducted overzealously by both parties and wasted court resources; taxation will proceed under the Tariff subject to specified limits and agreements between the parties.

Citation
2008 FC 618
Parties
Plaintiff (defendant by Counterclaim): RESEARCH IN MOTION LIMITED; Defendant (plaintiff by Counterclaim): VISTO CORPORATION
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 June 2008
Procedural Posture
Patent Infringement and Validity (intellectual Property) / Post Judgment Costs Determination With Damages Reference Pending
Outcome
Costs awarded to Plaintiff at middle of Column III with reasonable and necessary disbursements, all to be reduced by one-half; taxation per Reasons; no costs for this portion of the Judgment; costs of the damages reference reserved.
Legal Topics
Costs, Damages Reference, Infringement, Validity, Disbursements, Case Management
Source Language
English
Intellectual Property Civil Procedure Costs Damages Reference Infringement Validity Disbursements Case Management

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Parties

RESEARCH IN MOTION LIMITED

Plaintiff (defendant by Counterclaim)

VISTO CORPORATION

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Infringement and Validity (intellectual Property) / Post Judgment Costs Determination With Damages Reference Pending

Legal Issues

  1. 1 Entitlement to costs following a consent judgment
  2. 2 Appropriate tariff level for costs (Columns I–IV)
  3. 3 Whether and how to reduce costs for parties' conduct and wasted court resources

Ratio Decidendi

The plaintiff is awarded costs at the middle of Column III with reasonable and necessary disbursements taxable, but the total of costs and disbursements is reduced by one-half because the litigation was conducted overzealously by both parties and wasted court resources; taxation will proceed under the Tariff subject to specified limits and agreements between the parties.

Court Disposition

Costs awarded to Plaintiff at middle of Column III with reasonable and necessary disbursements, all to be reduced by one-half; taxation per Reasons; no costs for this portion of the Judgment; costs of the damages reference reserved.

Orders

  • The Plaintiff is entitled to recover costs at the level of the middle of Column III together with reasonable and necessary disbursements, made for the purpose of this litigation such costs and disbursements to be reduced by one-half, together with applicable taxes.
  • Taxation, if necessary, shall be conducted in accordance with those Reasons.