Justice St-Louis - 2023-06-08
Read full decision. Automatically generated summary:
This Order deals with the costs and disbursements payable as a result of the Judgment and Reasons in which I allowed the Defendants PMS, Apotex Inc., and Mylan Pharmaceuticals ULC’s counterclaims and held that the asserted claims of the Plaintiffs’ in the 784 Patent were invalid for overbreadth and insufficiency and dismissed Lilly’s infringement against each of the Defendant as it relates to the 784 Patent (2022 FC 1398). ... As the Defendants have been successful on the summary trial, I will award costs to PMS and, for the following reasons, I will award them in the form of a lump sum for an amount akin to costs at the upper end of column IV of Tariff B in the amount of $82,403.87, representing $80,000.00, including tax, and disbursements of $2,403.87. The deduction of costs of the hearsay motion payable to Lilly ($1,084.80) is reflected in the total amount.
Decision relates to:
- T-1623-16 - ELI LILLY CANADA INC. ET AL v. PHARMASCIENCE INC.
- T-1624-16 - ELI LILLY CANADA INC, ELI LILLY ET AL v. LABORATOIRE RIVA INC.