ELI LILLY AND COMPANY AND ELI LILLY CANADA INC. v APOTEX INC. AND BETWEEN: APOTEX INC. v ELI LILLY AND COMPANY AND ELI LILLY CANADA INC. AND SHIONOGI & CO. LTD., 2011 FC 1143 (Cefaclor*)
Justice Gauthier - 2011-10-06
Read full decision. Automatically generated summary:
In my decision on the merits [Eli Lilly and Co v Apotex Inc, 2009 FC 991, [2009] FCJ no 1229 (QL), aff'd 2010 FCA 240, [2010] FCJ no 1199 (QL) leave to appeal to SCC refused, [2010] CSCR no 434], I granted costs to the plaintiffs in the infringement action [the main action] as well as costs to the Defendants in the counterclaim which was based on an alleged breach of the Competition Act, RSC 1985, c C-34 [the Competition Counterclaim]. I also gave various indications as to how these costs and the disbursements should be calculated in the Competition Counterclaim noting, however, that with respect to the main action, further submissions to quantify the costs would be required.
Decision relates to: