Justice Zinn - 2021-04-22
Read full decision. Summary prepared by Alan Macek:
After 12 days of a hard-fought trial, and two days of closing arguments, the Court found that the two BMS patents at issue were valid and would be infringed by the Pharmascience and Sandoz products (see 2021 FC 1). Costs were awarded to BMS “on the usual basis” with a hope that the parties might reach agreement on costs. Regrettably, the issue of costs has become equally hard-fought. ... All of these factors cause me to conclude, all other things being equal, that a lump sum award of costs would be appropriate. However, as detailed below, I find that I am unable to fix an appropriate lump sum amount. ... Therefore, I will be sending this matter to an assessment officer. A few discrete items need to be addressed, as they will no doubt be raised again by the Defendants before the assessment officer.
Decision relates to:
- T-503-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. SANDOZ CANADA INC.
- T-504-19 - BRISTOL-MYERS AQUIBB CANADA CO. EL AL v. SANDOZ CANADA INC.
- T-97-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. PHARMASCIENCE
- T-98-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. PHARMASCIENCE INC.