Eli Lilly Canada Inc. v. Apotex Inc.

Eli Lilly Canada Inc. v. Apotex Inc.

The Court awarded an elevated lump sum: it reduced Apotex’s claimed legal fees to 80% as reasonable ($5,962,545.18), granted 30% of that adjusted fees as costs ($1,788,763.55), allowed reduced disbursements of $380,281.98, and ordered total costs of $2,169,045.00 inclusive of fees, disbursements and tax, with post-judgment interest at 2% from the date of the Order; no costs awarded for this motion.

Citation
2023 FC 3
Parties
Plaintiffs / Defendants by Counterclaim: Eli Lilly Canada Inc.; Eli Lilly and Company; Lilly del Caribe, Inc.; Lilly, S.A.; ICOS Corporation Inc.; Defendant / Plaintiff by Counterclaim: Apotex Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 January 2023
Procedural Posture
Patent Litigation (invalidity/obviousness) / Motion for Directions on Costs Under Federal Courts Rules 400 and 403 (post Judgment)
Outcome
Costs award granted to Apotex in the amount ordered; no costs on the motion
Legal Topics
Costs Award, Lump Sum Costs, Disbursements, Post Judgment Interest, Solicitor Client Privilege, Obviousness, Anticipation, Consolidation and Allocation of Costs
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs and Taxation of Costs Costs Award Lump Sum Costs Disbursements Post Judgment Interest +4 more

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Parties

Eli Lilly Canada Inc.; Eli Lilly and Company; Lilly del Caribe, Inc.; Lilly, S.A.; ICOS Corporation Inc.

Plaintiffs / Defendants by Counterclaim

Apotex Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Litigation (invalidity/obviousness) / Motion for Directions on Costs Under Federal Courts Rules 400 and 403 (post Judgment)

Legal Issues

  1. 1 Whether elevated lump sum costs above Tariff B are justified
  2. 2 Appropriate percentage of actual legal fees to be awarded as lump sum
  3. 3 Whether disputed disbursements and expert fees are recoverable

Ratio Decidendi

The Court awarded an elevated lump sum: it reduced Apotex’s claimed legal fees to 80% as reasonable ($5,962,545.18), granted 30% of that adjusted fees as costs ($1,788,763.55), allowed reduced disbursements of $380,281.98, and ordered total costs of $2,169,045.00 inclusive of fees, disbursements and tax, with post-judgment interest at 2% from the date of the Order; no costs awarded for this motion.

Court Disposition

Costs award granted to Apotex in the amount ordered; no costs on the motion

Orders

  • Apotex is awarded total costs of $2,169,045.00 inclusive of all fees, disbursements and tax
  • Post-judgment interest at a rate of 2 per cent is awarded from the date of this Order on the amount awarded