Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC

Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC

Award costs as a lump sum because parties are sophisticated and the Court is satisfied Pfizer’s fees and disbursements were reasonably incurred after adjustments: exclude fees for motions previously awarded, reduce recoverable expert hourly rates to senior counsel rates and make targeted reductions; apply 25% to Pfizer’s adjusted legal fees ($4,367,556) and add recoverable disbursements ($1,537,173) to reach a total award of $2,629,062; award post-judgment interest at 2.5% per annum simple from the date of order.

Citation
2020 FC 505
Parties
Plaintiff/ Defendant by Counterclaim: Seedlings Life Science Ventures, LLC; Defendant/ Plaintiff by Counterclaim: Pfizer Canada ULC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 April 2020
Procedural Posture
Patent Infringement / Costs Determination (post Trial)
Outcome
Plaintiff condemned to pay defendant costs in the amount of $2,629,062 inclusive of taxes and disbursements; post-judgment interest awarded at 2.5% per annum simple from date of order.
Legal Topics
Patent Infringement, Costs Awards, Lump Sum Costs, Disbursements, Expert Witness Fees, Post Judgment Interest
Source Language
English
Intellectual Property Civil Procedure Costs Patent Infringement Costs Awards Lump Sum Costs Disbursements Expert Witness Fees +1 more

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Parties

Seedlings Life Science Ventures, LLC

Plaintiff/ Defendant by Counterclaim

Pfizer Canada ULC

Defendant/ Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Costs Determination (post Trial)

Legal Issues

  1. 1 Whether a lump sum costs award is appropriate
  2. 2 Whether claimed legal fees are reasonable and which amounts are disallowed
  3. 3 Appropriate percentage of recoverable legal fees to award

Ratio Decidendi

Award costs as a lump sum because parties are sophisticated and the Court is satisfied Pfizer’s fees and disbursements were reasonably incurred after adjustments: exclude fees for motions previously awarded, reduce recoverable expert hourly rates to senior counsel rates and make targeted reductions; apply 25% to Pfizer’s adjusted legal fees ($4,367,556) and add recoverable disbursements ($1,537,173) to reach a total award of $2,629,062; award post-judgment interest at 2.5% per annum simple from the date of order.

Court Disposition

Plaintiff condemned to pay defendant costs in the amount of $2,629,062 inclusive of taxes and disbursements; post-judgment interest awarded at 2.5% per annum simple from date of order.

Orders

  • The plaintiff is condemned to pay costs in the amount of $2,629,062 to the defendant, inclusive of taxes and disbursements.
  • The plaintiff is condemned to pay post-judgment interest calculated on a simple basis at a rate of 2.5% per annum from the date of this order.