Apotex Inc. v. Syntex Pharmaceuticals International Ltd.
T-2870-96
Reed J.
23/9/99
11 pp.
Motion for directions to assessment officer with respect to costs to be paid by defendants to plaintiff-Plaintiff seeking directions respecting: (1) scale at which costs should be assessed; (2) doubling of costs as result of unaccepted offer to settle: (3) allowable disbursements: (4) inclusion of fees for services provided by law clerks, articling students-Plaintiff completely successful in claim-Correctness of plaintiff's position, weakness of defendants' position obvious-Present case, while not most complex of patent cases, did exceed average complexity of average case-Amount of work average for patent proceeding, but exceeded that of "average case"-Circumstances of case justify costs assessed at maximum end of column V level-Fees for two senior counsel, one junior counsel, at trial, should be allowed-Plaintiff entitled to assessment of costs relating to offer to settle in accordance with r. 420(1)-Amounts paid to experts in dispute-Unnecessary duplication in expert evidence provided to plaintiff-Only reasonable, properly documented experts' fees should be allowed-Claim for fees paid to articling students, law clerks another matter to be left to assessment officer-Federal Court Rules, 1998, SOR/98-106, r. 420(1).