Pfizer Canada ULC v. Uniqure Biopharma B.V., 2024 FC 1089 (Fidanacogene*)
Associate Justice Coughlan - 2024-07-11
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The Plaintiffs, Pfizer, seek an order for costs pursuant to Rules 400 and 402, awarding them costs of this action, including this motion. Pfizer asserts that despite having discontinued their action before an adjudication on the merits, they are nevertheless the successful parties in the ligation and are entitled to their costs. Pfizer premises its assertion on the fact that the Defendant dedicated the patent-in-suit to the public as a result of Pfizer’s action. ... For the reasons that follow, I am granting Pfizer’s motion for the return of the security posted with the Court but dismissing its motion for costs. In my view, Pfizer has not met its burden to rebut the presumption created by Rule 402. Nor, am I persuaded that uniQure is presumptively entitled to costs. As neither party was successful, they shall each bear their own costs.
Decision relates to:
- T-2118-22 - PFIZER CANADA ULC ET AL v. UNIQURE BIOPHARMA B.V