Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC.

Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC.

The Court awarded costs to Mylan in the form of a lump sum set at an amount akin to the upper end of column IV of Tariff B, reasoning that the defendants succeeded on substantive issues, the matter had technical complexity, Mylan’s genuine settlement offer was a relevant factor under Rule 400(3)(e), there was no sufficient basis to award column V, and a lump sum best served efficiency; the total award was fixed at $82,009.14 inclusive of fees, disbursements and tax, reflecting a deduction of $1,084.80 for costs of the hearsay motion payable to Lilly.

Citation
2023 FC 780
Parties
Plaintiff/defendant by Counterclaim: ELI LILLY CANADA INC.; Plaintiff/defendant by Counterclaim: ELI LILLY AND COMPANY; Plaintiff/defendant by Counterclaim: LILLY DEL CARIBE, INC.; Plaintiff/defendant by Counterclaim: LILLY, S.A.; Plaintiff/defendant by Counterclaim: ICOS CORPORATION; Defendant/plaintiff by Counterclaim: MYLAN PHARMACEUTICALS ULC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 June 2023
Procedural Posture
Patent Infringement/validity — Summary Trial and Counterclaims / Costs Determination Post Judgment (summary Trial Concluded)
Outcome
Costs awarded to Mylan Pharmaceuticals ULC in the amount of $82,009.14 inclusive of fees, disbursements and tax; costs of the hearsay motion awarded to Lilly deducted from Mylan's award; no costs for this costs order itself.
Legal Topics
Invalidity, Overbreadth, Insufficiency, Costs, Settlement Offers, Summary Trial, Disbursements, Hearsay Motion
Source Language
English
Patent Law Intellectual Property Civil Procedure Professional Costs and Taxation Invalidity Overbreadth Insufficiency Costs +4 more

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Parties

ELI LILLY CANADA INC.

Plaintiff/defendant by Counterclaim

ELI LILLY AND COMPANY

Plaintiff/defendant by Counterclaim

LILLY DEL CARIBE, INC.

Plaintiff/defendant by Counterclaim

LILLY, S.A.

Plaintiff/defendant by Counterclaim

ICOS CORPORATION

Plaintiff/defendant by Counterclaim

MYLAN PHARMACEUTICALS ULC

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement/validity — Summary Trial and Counterclaims / Costs Determination Post Judgment (summary Trial Concluded)

Legal Issues

  1. 1 Which party is entitled to costs following summary trial?
  2. 2 Appropriate scale of costs under Tariff B (which column) or lump sum?
  3. 3 Whether Mylan’s settlement offer engages Rule 420 consequences or is a factor under Rule 400(3)(e)

Ratio Decidendi

The Court awarded costs to Mylan in the form of a lump sum set at an amount akin to the upper end of column IV of Tariff B, reasoning that the defendants succeeded on substantive issues, the matter had technical complexity, Mylan’s genuine settlement offer was a relevant factor under Rule 400(3)(e), there was no sufficient basis to award column V, and a lump sum best served efficiency; the total award was fixed at $82,009.14 inclusive of fees, disbursements and tax, reflecting a deduction of $1,084.80 for costs of the hearsay motion payable to Lilly.

Court Disposition

Costs awarded to Mylan Pharmaceuticals ULC in the amount of $82,009.14 inclusive of fees, disbursements and tax; costs of the hearsay motion awarded to Lilly deducted from Mylan's award; no costs for this costs order itself.

Orders

  • The costs of the hearsay motion payable to Lilly are deducted from the cost award payable to Mylan on the summary trial.
  • Mylan is awarded total costs of $82,009.14 inclusive of all fees, disbursements, and tax.