Teva Canada Limited v. Pfizer Canada Inc., 2017 FC 610 (Venlafaxine*)

Justice Zinn - 2017-06-20

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In the Judgment in this matter on redetermination at 2017 FC 526, the Plaintiff [Teva] was awarded its costs of the redetermination and the Defendant [Pfizer] was awarded its “reasonable costs thrown away as a consequence of the cancellation of the initial hearing of this redetermination.”  The parties were provided with an opportunity to reach agreement on those costs.  The Court has been informed that the parties have come to an agreement on the quantum of Teva’s costs on the redetermination; but have failed to reach agreement on the costs to be awarded to Pfizer.  That is the sole issue remaining for determination. ... I fail to see any basis for departing from the usual order of the Court on costs in patent litigation. Pfizer will be entitled to its costs incurred in the two week period ending on August 31, 2016, preparing for the redetermination hearing, assessed at the upper end of Column IV of Tariff B. Pfizer is also entitled to recover any disbursements thrown away.

Decision relates to:



Canadian Intellectual Property