Eli Lilly Canada Inc. v. Apotex Inc., 2023 FC 783 (Tadalafil*)
Justice St-Louis - 2023-06-08
Read full decision. Automatically generated summary:
This Order deals with the costs and disbursements payable as a result of the Judgment and Reasons in which I allowed the Defendants Teva, Pharmascience and Riva Inc., Apotex, and Mylan's counterclaims and held that the asserted claims of the Plaintiffs’ (hereinafter collectively referred to as “Lilly”) in the 784 Patent were invalid for overbreadth and insufficiency and dismissed Lilly’s infringement against each of the Defendant as it relates to the 784 Patent (2022 FC 1398). ... As the Defendants have been successful on the summary trial, I will award costs to Apotex. In brief, and for the reasons that follow, I find that (1) elevated costs, i.e., in excess of the Tariff, in the form of a lump sum are justified; (2) an amount corresponding to 25% of the adjusted amount of Apotex’s legal fees is appropriate; (3) Apotex’s disbursements of the amount of $11,763.90, inclusive of tax, were actually incurred and were reasonably required; and (4) this amount will bear post-judgment interest of 5% starting 30 days from the date of this Order. I will also grant Lilly’s costs of the hearsay motion ($1,084.80) which I will deduct from Apotex’s costs award.
Decision relates to:
- T-1632-16 - ELI LILLY CANADA INC., ELI LILLY AND COMPANY ET AL. v. APOTEX INC.