Costs

March 28, 2017

Federal Court of Appeal dismisses appeal for one of the biggest costs awards ever

2017 FCA 25 - The FCA dismissed Nova’s appeal of a FC judgment, which awarded Dow $6.5 million for costs in their successful action for patent infringement.
October 6, 2015

FCA Nudges SCC to Consider that Claim Construction should be Reviewed on Reasonableness Standard

Abb Technology AG, ABB Inc v Hyundai Heavy Industries Co, Ltd, 2015 FCA 181 - The FCA suggested that although claim construction is reviewed on a correctness standard, claim construction is so heavily reliant on expert witnesses that perhaps it should be reviewed on a palpable and overriding error standard.
May 13, 2015

Cobalt gets Overlapping Costs Reduced in PM(NOC) Proceeding

Lundbeck Canada Inc v Canada (Health), 2014 FC 1049 - How should overlapping expert costs be allocated? Three parties each sought a Notice of Compliance (NOC) for the same drug, and the innovator relied on much the same expert evidence in each proceeding but costs were not precisely allocated among the three proceedings.
August 11, 2014

Federal Court Assess Damages, Settles Pre- and Post-judgement Interest in PM(NOC) Case

Teva Canada Limited v Pfizer Canada Inc, 2014 FC 634 - Following an action for damages under s. 8 of the PM(NOC) Regulations, Teva and Pfizer were unable to agree on the quantum of costs or pre- and post-judgement interest.