Eli Lilly Canada Inc. v. Teva Canada Ltd.

Eli Lilly Canada Inc. v. Teva Canada Ltd.

The Court held a lump sum award was appropriate but declined Teva's request for more than 30% of actual legal fees; instead the Court used a Bill of Costs at the top of column V of Tariff B as a comparison, made specific deductions to Teva's claimed tariff items and disbursements, allowed reduced disbursements, and awarded Teva total costs of CAD 371,260.50 inclusive of all fees, disbursements and tax. The Court also directed that no costs be awarded for this motion itself.

Citation
2023 FC 9
Parties
Plaintiffs/defendants by Counterclaim: ELI LILLY CANADA INC., ELI LILLY AND COMPANY, LILLY DEL CARIBE, INC., LILLY, S.A. and ICOS CORPORATION; Defendant/plaintiff by Counterclaim: TEVA CANADA LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 January 2023
Procedural Posture
Patent Infringement and Validity Proceedings / Motion for Directions as to Costs Following Liability Phase; Costs Determination Under Federal Courts Rules 400 and 403
Outcome
Teva Canada Ltd. awarded total costs of CAD 371,260.50 inclusive of all fees, disbursements and tax; no costs awarded on the present motion.
Legal Topics
Costs Assessment, Lump Sum Costs, Tariff B, Disbursements Recoverability, Allocation of Costs Among Consolidated Defendants, Production Obligations and Document Disputes
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs and Litigation Funding Costs Assessment Lump Sum Costs Tariff B Disbursements Recoverability +2 more

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Parties

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

Plaintiffs/defendants by Counterclaim

TEVA CANADA LTD.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Validity Proceedings / Motion for Directions as to Costs Following Liability Phase; Costs Determination Under Federal Courts Rules 400 and 403

Legal Issues

  1. 1 Whether Teva is entitled to a lump sum costs award and, if so, the appropriate quantum
  2. 2 Whether costs should be assessed as a percentage of actual legal fees or under Tariff B
  3. 3 Recoverability and reasonableness of disputed disbursements and expert fees

Ratio Decidendi

The Court held a lump sum award was appropriate but declined Teva's request for more than 30% of actual legal fees; instead the Court used a Bill of Costs at the top of column V of Tariff B as a comparison, made specific deductions to Teva's claimed tariff items and disbursements, allowed reduced disbursements, and awarded Teva total costs of CAD 371,260.50 inclusive of all fees, disbursements and tax. The Court also directed that no costs be awarded for this motion itself.

Court Disposition

Teva Canada Ltd. awarded total costs of CAD 371,260.50 inclusive of all fees, disbursements and tax; no costs awarded on the present motion.

Orders

  • Teva is awarded total costs of $371,260.50 inclusive of all fees, disbursements and tax.
  • No costs are awarded on this Motion.