Eli Lilly Canada Inc. v. Pharmascience inc.

Eli Lilly Canada Inc. v. Pharmascience inc.

The Court exercised its discretion to fix costs as a lump sum guided by Tariff B and Rule 400 factors, concluding the matter’s complexity and work justified an award akin to the upper end of column IV; deducted Lilly’s hearsay motion costs and awarded PMS $80,000.00 (tax inclusive) in fees plus disbursements of $2,403.87, totaling $82,403.87, with 5% interest starting 30 days from the order date.

Citation
2023 FC 779
Parties
Plaintiffs/defendants by Counterclaim: ELI LILLY CANADA INC.; ELI LILLY AND COMPANY; LILLY DEL CARIBE, INC.; LILLY, S.A.; ICOS CORPORATION; Defendant/plaintiff by Counterclaim: PHARMASCIENCE INC.; Defendant/plaintiff by Counterclaim: LABORATOIRE RIVA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 June 2023
Procedural Posture
Patent Infringement and Validity (summary Trial) / Costs Determination Following Judgment on Summary Trial
Outcome
Costs awarded to Pharmascience Inc. (and co‑defendants) in lump sum totaling $82,403.87 inclusive of fees, disbursements and tax; 5% interest from 30 days after the Order; deduction of hearsay motion costs payable to Lilly from the award; no costs on this Order.
Legal Topics
Costs Assessment, Tariff B Columns, Lump Sum Costs, Disbursements, Interest on Costs, Overbreadth, Insufficiency, Summary Trial
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs Costs Assessment Tariff B Columns Lump Sum Costs Disbursements +4 more

Case Brief

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Parties

ELI LILLY CANADA INC.; ELI LILLY AND COMPANY; LILLY DEL CARIBE, INC.; LILLY, S.A.; ICOS CORPORATION

Plaintiffs/defendants by Counterclaim

PHARMASCIENCE INC.

Defendant/plaintiff by Counterclaim

LABORATOIRE RIVA INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Validity (summary Trial) / Costs Determination Following Judgment on Summary Trial

Legal Issues

  1. 1 Whether successful defendants are entitled to costs and in what amount
  2. 2 Whether costs should be assessed under column IV or V of Tariff B or as a lump sum
  3. 3 Whether a lump sum akin to upper end of column IV is appropriate

Ratio Decidendi

The Court exercised its discretion to fix costs as a lump sum guided by Tariff B and Rule 400 factors, concluding the matter’s complexity and work justified an award akin to the upper end of column IV; deducted Lilly’s hearsay motion costs and awarded PMS $80,000.00 (tax inclusive) in fees plus disbursements of $2,403.87, totaling $82,403.87, with 5% interest starting 30 days from the order date.

Court Disposition

Costs awarded to Pharmascience Inc. (and co‑defendants) in lump sum totaling $82,403.87 inclusive of fees, disbursements and tax; 5% interest from 30 days after the Order; deduction of hearsay motion costs payable to Lilly from the award; no costs on this Order.

Orders

  • Deduct costs of the hearsay motion payable to Lilly from the cost award payable to PMS on the summary trial.
  • PMS is awarded total costs of $82,403.87 inclusive of all fees, disbursements, and tax.