Decision

Eli Lilly Canada Inc. v. Apotex Inc., 2023 FC 3 (Tadalafil*)

Justice St-Louis - 2023-01-06

Read full decision. Automatically generated summary:

This motion is brought by Apotex Inc. seeking directions as to costs pursuant to Rules 400 and 403 of the Rules. In its motion, Apotex requests an Order setting the quantum of costs against the Plaintiffs in this action as it relates to the 948 Patent, the 684 Patent and the 540 Patent. ... In brief, and for the reasons that follow, I find that (1) elevated costs in the form of a lump sum are justified; (2) an amount corresponding to 30% of the adjusted amount of Apotex’s legal fees is appropriate; (3) Apotex’s accounting of legal fees and of disbursements must be adjusted downward; and (4) this amount will bear post-judgment interest of 2 per cent from the date of this Order.

Decision relates to:

  • T-1632-16 - ELI LILLY CANADA INC., ELI LILLY AND COMPANY ET AL. v. APOTEX INC.

 

Canadian Intellectual Property