Publication
Government of Alberta launches nuclear energy engagement
On August 25, 2025, the Government of Alberta publicly re-affirmed its interest in nuclear energy with the launch of its Nuclear Energy Engagement (the Engagement).
Pharma in brief - Federal Court awards patentee over $6 million in costs
Global | Publication | February 2016
Case: The Dow Chemical Company v Nova Chemical Corporation, 2016 FC 91
Nature of case: Costs decision
Successful party: Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC
Date of decision: January 22, 2016
Summary
Justice O’Keefe of the Federal Court awarded the plaintiffs of a successful patent infringement proceeding, Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC (Dow), a lump sum payment of $2.9 million for legal fees and $3.6 million for reasonable and necessary disbursements.
Background
At the liability stage of the action, Dow was granted a declaration that the defendant, Nova Chemical Corporation (Nova) had infringed Canadian Patent No. 2,160,705, and was awarded costs of the proceeding (Dow Chemical Company v Nova Chemicals Corporation, 2014 FC 844).
The trial was complex, extended over 32 days and involved expert testimony. In addition, both parties carried out large amounts of testing.
The complexity of the trial called for an increased lump sum award
Nova argued that Dow’s costs should be prescribed by the tariff rates under the Federal Court Rules, which would have restricted the costs award to $1,099,725, or only 11% of Dow’s legal costs. Justice O’Keefe stated that this would be “totally inadequate” and “[t]o only recoup 11% of your costs in such a complex case is not acceptable.”
Justice O’Keefe found that a lump sum award of 30% of Dow’s legal fees was more appropriate. He considered the following factors, among others, in awarding the increased costs award:
- the trial involved many complex aspects of chemistry;
- the defendants raised at least 22 allegations of invalidity;
- the length of the trial was extended from 20 to 32 days;
- over 33 days of examinations for discovery were conducted; and
- extensive testing of materials was carried out.
Justice O’Keefe also awarded $3.6 million for reasonable and necessary disbursements.
Link to decision:
The Dow Chemical Company v Nova Chemical Corporation, 2016 FC 91
Recent publications
Publication
Health Canada’s proposal to streamline approvals may accelerate biosimilar patent litigation
Health Canada has proposed a major change to the regulation of biosimilar drugs that may accelerate biologic patent litigation in Canada. Following the lead of other jurisdictions, Health Canada has proposed that biosimilar manufacturers no longer be required to conduct phase 3 clinical trials to enter the Canadian market.
Subscribe and stay up to date with the latest legal news, information and events . . .