Publication
“AI and sustainability - cure or curse?”
While AI can help resolve data issues in sustainable investing, it can create problems such as information breaches and inherent bias in data.
Author:
Global | Publication | December 2016
A recent Federal Court costs decision demonstrates a sustained trend by the court to award meaningful costs awards in patent cases.
The recent decision to award lump-sum costs at the high end of Column IV of Tariff B in Eli Lilly Canada Inc v Hospira Healthcare Corporation, 2016 FC 1218 rounds out a year that has seen the Federal Court grant several meaningful costs awards in patent cases. In this decision, Justice Barnes wrote that the award was meant to be a reasonable contribution to the costs of litigation, citing the complex nature of the proceeding as the basis for deviating from the default award at Column III under the Federal Courts Rules.1
2016 began with a large award of $6.5 million as a lump sum to the plaintiff in Dow Chemical Company v Nova Chemicals Corporation, 2016 FC 91. The total included $2.9 million for legal fees and $3.6 million for disbursements, and amounted to 30% of Dow’s legal fees. Justice O'Keefe based the award on the complexity of the case (see our earlier article on this decision for further details).
Three subsequent decisions in proceedings under the Patented Medicines (Notice of Compliance) Regulations, awarded costs from Column IV or V.2 Additionally, Justice Manson granted a lump-sum award in excess of the default scale following two unsuccessful motions brought by the plaintiff in a medical device infringement proceeding (see our earlier analysis for further details).
Looking forward, the costs awards in 2016 signal a trend that the Federal Court will grant meaningful costs awards in patent cases, recognizing that the default award is unlikely to properly reflect the complexity of the proceedings and the corresponding amount of work required.
1 Federal Courts Rules, SOR/98-106, r 407.
2 Gilead Sciences, Inc v Canada (Health), 2016 FC 856; Gilead Sciences, Inc v Canada (Health), 2016 FC 857; Leo Pharma Inc v Teva Canada Limited, 2016 FC 107; Gilead Sciences, Inc v Canada (Health), 2016 FC 870.
Publication
While AI can help resolve data issues in sustainable investing, it can create problems such as information breaches and inherent bias in data.
Publication
In this edition of Regulation Around the World we review recent steps that financial services regulatory authorities have taken as regards investment research.
Publication
The proliferation of internet-enabled devices has allowed children to access the internet at an increasingly younger age, often sharing their personal data without fully appreciating the risks and consequences of doing so. Accordingly, organisations that collect children’s personal data online have a shared responsibility to ensure that such personal data is collected with the appropriate consent obtained and is adequately protected, and to allow children to safely participate in the online space.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023