Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc.

Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc.

The court exercised its Rule 400 discretion to fix costs on a Tariff B basis at the upper end of Column IV for most items given above-average complexity and substantial work; awarded Nomadix net fees of $199,480 and disbursements of $451,088 (total $650,568), adjusted for prior interlocutory orders (net $3,325 payable to Guest Tek deducted), declined to reduce expert fees for Dr. Lavian, allowed certain second-counsel and stagiaire recovery in part, disallowed GST, and ordered simple interest at 2.5% per annum from the date of the costs order with costs payable from that date.

Citation
2021 FC 848
Parties
Plaintiff; Defendant by Counterclaim: Guest Tek Interactive Entertainment Ltd.; Defendant; Plaintiff by Counterclaim: Nomadix, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 August 2021
Procedural Posture
Patent Infringement (post Trial Costs Application) / Post Trial Costs Assessment and Costs Order
Outcome
Costs awarded to Nomadix, Inc.; Nomadix to be paid $650,568 inclusive of fees and disbursements, with simple interest at 2.5% per annum from the date of the order.
Legal Topics
Costs Award, Tariff B Assessment, Expert Witness Fees, Disbursements, Pre and Post Judgment Interest
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs Law Costs Award Tariff B Assessment Expert Witness Fees Disbursements +1 more

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Parties

Guest Tek Interactive Entertainment Ltd.

Plaintiff; Defendant by Counterclaim

Nomadix, Inc.

Defendant; Plaintiff by Counterclaim

Procedural Posture

Patent Infringement (post Trial Costs Application) / Post Trial Costs Assessment and Costs Order

Legal Issues

  1. 1 Appropriate Tariff column and quantum for party-and-party costs
  2. 2 Recoverability and quantum of expert fees and expenses
  3. 3 Allocation of fees for discovery, case conferences, trial and stagiaire

Ratio Decidendi

The court exercised its Rule 400 discretion to fix costs on a Tariff B basis at the upper end of Column IV for most items given above-average complexity and substantial work; awarded Nomadix net fees of $199,480 and disbursements of $451,088 (total $650,568), adjusted for prior interlocutory orders (net $3,325 payable to Guest Tek deducted), declined to reduce expert fees for Dr. Lavian, allowed certain second-counsel and stagiaire recovery in part, disallowed GST, and ordered simple interest at 2.5% per annum from the date of the costs order with costs payable from that date.

Court Disposition

Costs awarded to Nomadix, Inc.; Nomadix to be paid $650,568 inclusive of fees and disbursements, with simple interest at 2.5% per annum from the date of the order.

Orders

  • Guest Tek Interactive Entertainment Ltd shall pay Nomadix, Inc its costs of the action, fixed at $650,568 inclusive of fees and disbursements.
  • The amounts in paragraph 1 shall bear simple interest at an annual rate of 2.5% from the date of this order.