Justice St-Louis - 2023-01-06
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[Decision was only published recently] This motion is brought by Mylan seeking directions pursuant to Rules 400 and 403 of the Federal Courts Rules. In its Motion, Mylan seeks an Order setting the quantum of costs against the Plaintiffs in this action as it relates to the 684 Patent. ... My Reasons relating to the 684 Patent are found at Eli Lilly Canada Inc v Mylan Pharmaceuticals ULC, 2020 FC 816. 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 legal fees is appropriate; (3) Mylan’s accounting of legal fees and of disbursements must be adjusted downward; and (4) this amount will bear post judgment interest of two per cent from the date of this Order.
Decision relates to:
- T-1627-16 - ELI LILLY CANADA INC. ET AL. v. MYLAN PHARMACEUTICALS ULC