Justice O'Keefe has issued a costs award granting the
successful party in a patent infringement action approximately 30%
of its legal costs, and a total costs award of $6.5M.
Justice O'Keefe's decision issued following a patent
infringement action commenced by Dow Chemical Company and two of
its related companies against Nova Chemical Corporation which
manufactured and sold a polymer known as SURPASS in Canada. When
Justice O'Keefe's patent validity decision issued (see our previous post
here), he permitted the parties to make submissions on
costs.
In its submissions, Dow sought a lump sum award of between $4.7
to $6.5M which represented a percentage of their actual counsel
fees together with their reasonable disbursements. The upper range
of $6.5M represented $2.9M for legal fees (which were 30% of the
actual legal fees), and $3.6M for necessary disbursement. The lower
end of $4.7M represented $1.1M for legal fees based on Column V of
the Tariff and $3.6M for
