Eurocopter v. Bell Helicopter Textron Canada Limitée

Eurocopter v. Bell Helicopter Textron Canada Limitée

The Court exercised its discretion under Rule 400 and awarded Eurocopter fifty percent of its taxable pre-trial, trial and post-trial costs and disbursements to be assessed at the upper end of column IV of Tariff B, and denied Bell any costs. The decision rests on the practical result that Eurocopter was overall the more successful party because claim 15 was found valid and infringed (21 Legacy gears) while Bell only partially succeeded by defending its commercially important Production gear; the award was reduced by 50% to reflect Eurocopter’s partial lack of success and Bell’s limited success and certain conduct (Bell’s failure to admit facts) that lengthened proceedings.

Citation
2012 FC 842
Parties
Plaintiff / Defendant by Counterclaim: EUROCOPTER (SOCIÉTÉ PAR ACTIONS SIMPLIFIÉE); Defendant / Plaintiff by Counterclaim: BELL HELICOPTER TEXTRON CANADA LIMITÉE
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 July 2012
Procedural Posture
Patent Infringement Action With Invalidity Counterclaim / Post Trial Costs Adjudication (judgment on Liability and Validity Rendered; Damages Quantification Deferred; Appeal Pending)
Outcome
Eurocopter awarded 50% of its taxable costs and disbursements to be assessed at the upper end of column IV of Tariff B; Bell awarded no costs; no costs ordered for the present costs motion.
Legal Topics
Infringement, Invalidity (utility, Overbreadth, Obviousness), Costs Assessment, Expert Evidence, Injunctive Relief, Punitive Damages, Experimental/regulatory Use Defence, Gillette Defence, Functional Equivalence
Source Language
English
Intellectual Property Civil Procedure Costs Law Patent Law Infringement Invalidity (utility, Overbreadth, Obviousness) Costs Assessment Expert Evidence +5 more

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Parties

EUROCOPTER (SOCIÉTÉ PAR ACTIONS SIMPLIFIÉE)

Plaintiff / Defendant by Counterclaim

BELL HELICOPTER TEXTRON CANADA LIMITÉE

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement Action With Invalidity Counterclaim / Post Trial Costs Adjudication (judgment on Liability and Validity Rendered; Damages Quantification Deferred; Appeal Pending)

Legal Issues

  1. 1 Whether Bell infringed Eurocopter patent No. 2,207,787 by its Legacy and Production landing gears
  2. 2 Validity of the 16 claims of the '787 patent (utility/sound prediction, overbreadth, obviousness, disclosure)
  3. 3 Proper allocation and quantum of party-to-party costs between Eurocopter and Bell

Ratio Decidendi

The Court exercised its discretion under Rule 400 and awarded Eurocopter fifty percent of its taxable pre-trial, trial and post-trial costs and disbursements to be assessed at the upper end of column IV of Tariff B, and denied Bell any costs. The decision rests on the practical result that Eurocopter was overall the more successful party because claim 15 was found valid and infringed (21 Legacy gears) while Bell only partially succeeded by defending its commercially important Production gear; the award was reduced by 50% to reflect Eurocopter’s partial lack of success and Bell’s limited success and certain conduct (Bell’s failure to admit facts) that lengthened proceedings.

Court Disposition

Eurocopter awarded 50% of its taxable costs and disbursements to be assessed at the upper end of column IV of Tariff B; Bell awarded no costs; no costs ordered for the present costs motion.

Orders

  • Bell Helicopter Textron Canada Ltée shall pay Eurocopter fifty percent (50%) of Eurocopter's pre-trial, trial and post-trial costs and disbursements assessed at the upper end of column IV of Tariff B
  • Payment to include reasonable trial fees for one senior counsel as first counsel and two junior counsel as second counsel for preparation and attendance at trial and written submissions (items 13-15 Tariff B)