Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2021 FC 186 |
| Date | 26 February 2021 |
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33 practice notes
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...of reasonably incurred disbursements. [288] Apotex relied on the decision of Chief Justice Crampton in Allergan Inc v Sandoz Canada Inc, 2021 FC 186 [Sandoz] which established that in proceedings under the PMNOC Regulations, the starting point for lump sum costs should be at the mid-point b......
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Allergan Inc. v. Apotex Inc., 2022 FC 260
...to the PMNOC Regulations (for example, Apotex Inc v Shire LLC, 2021 FCA 54 at paras 16-24 [Shire]; Allergan Inc v Sandoz Canada Inc, 2021 FC 186 at paras 19-28 [Allergan]; Seedlings Life Science Centures, LLC v Pfizer Canada ULC, 2020 FC 505 at paras 2-7 [Seedlings]). [933] Both parties......
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Pharmascience Inc. v. Teva Canada, 2022 FCA 207
...Gélinas v. Canada (Financial Transactions and Reports Analysis Centre), 2005 FC 478; and Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186. See also Stewart Estate v. TAQA North Ltd., 2016 ABCA 144 at paras. 52–54 (although conditional, the offers were “a sincere attempt to settle the disput......
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Zara Natural Stones Inc. v. Industria de Diseno Textil, S.A., 2023 FCA 86
...not state “that costs may not be assessed at the upper end of column III,” and cited Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186 [Allergan], at paragraph 28, which states that Tariff B “is considered particularly inadequate in Intellectual Property litigation [and ......
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22 cases
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Allergan Inc. v. Apotex Inc., 2022 FC 260
...to the PMNOC Regulations (for example, Apotex Inc v Shire LLC, 2021 FCA 54 at paras 16-24 [Shire]; Allergan Inc v Sandoz Canada Inc, 2021 FC 186 at paras 19-28 [Allergan]; Seedlings Life Science Centures, LLC v Pfizer Canada ULC, 2020 FC 505 at paras 2-7 [Seedlings]). [933] Both parties......
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Pharmascience Inc. v. Teva Canada, 2022 FCA 207
...Gélinas v. Canada (Financial Transactions and Reports Analysis Centre), 2005 FC 478; and Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186. See also Stewart Estate v. TAQA North Ltd., 2016 ABCA 144 at paras. 52–54 (although conditional, the offers were “a sincere attempt to settle the disput......
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Zara Natural Stones Inc. v. Industria de Diseno Textil, S.A., 2023 FCA 86
...not state “that costs may not be assessed at the upper end of column III,” and cited Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186 [Allergan], at paragraph 28, which states that Tariff B “is considered particularly inadequate in Intellectual Property litigation [and ......
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dTechs epm Ltd. v. British Columbia Hydro and Power Authority, 2021 FC 357
...Dow Chemical Co v Nova Chemicals Corp, 2016 FC 91; Sport Maska Inc v Bauer Hockey Ltd, 2019 FCA 204; Allergan Inc v Sandoz Canada Inc, 2021 FC 186 [Allergan]; and Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2020 FC 68). The Federal Court of Appeal has recently confirme......
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4 firm's commentaries
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Litigation Strategy Defines Large Cost Award In Pharma Patent Infringement Case
...high. A recent decision of the Chief Justice of the Federal Court of Canada emphasizes this point. In Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186 ('Rapaflo'), the Court's $384,505.69 cost order against Allergan for its unsuccessful patent infringement claim, was ultimately defined by e......
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2021 Year In Review: IP Litigation
...Nevertheless, the growing trend of lump sum cost awards in IP disputes also continued in 2021. In Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186 the Court was tasked with determining costs claimed in relation to a patent infringement action filed under Canada's PM(NOC) Regulations. In doi......
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2021 Year In Review: IP Litigation
...Nevertheless, the growing trend of lump sum cost awards in IP disputes also continued in 2021. In Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186 the Court was tasked with determining costs claimed in relation to a patent infringement action filed under Canada's PM(NOC) Regulations. In doi......
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Show Me The Money: The Evolving Approach To Costs In The Federal Court
...v Pfizer Canada ULC, 2020 FC 505. 4 Bauer Hockey Ltd v Sport Maska Inc (CCM Hockey), 2020 FC 862. 5 Allergan Inc. v. Sandoz Canada Inc., 2021 FC 186. 6 Supra, note 2. 7 Supra, note 3. 8 In actions commenced under the Patented Medicines (Notice of Compliance) Regulations, if the defendant su......