Apotex Inc. v. Shire LLC, 2021 FCA 54 (Lisdexamfetamine*)
Justice Gleason; Justice Rennie; Justice de Montigny - 2021-03-11
Read full decision. Automatically generated summary:
Apotex appeals from a judgment of the Federal Court (2018 FC 1106, per Fothergill J.) awarding Shire ULC $1,000,000 in costs and $600,000 in disbursements following its success at trial on a patent infringement action and ancillary Patented Medicines (Notice of Compliance) prohibition application [2018 FC 637]. For the reasons that follow, I would allow the appeal in part. ... For these reasons, while the discretion to award a lump sum is broad, it is not a field day; the exercise of discretion is framed, in part, by considerations of judicial policy – the purpose of costs being a reasonable contribution to legal costs, fairness and predictability. ... I would set aside the portion of the Federal Court’s judgment dealing with disbursements and remit the matter to the trial judge for reconsideration, including whether to remit the matter to an assessment officer on the basis of the record already filed.
Decision relates to:
- A-390-18 - APOTEX INC V. SHIRE LLC AND SHIRE PHARMA CANADA ULC which is an appeal from 2018 FC 1106 in T-1056-16
- A-391-18 - APOTEX INC v. SHIRE PHARMA CANADA ULC ET AL