Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (No 3)

[2014] FCAFC 126

Full Court of the Federal Court26 September 2014

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Interrogate

Catchwords

1. Costs
1. respondents successful at first instance and before the Full Court
1. appellant successful on infringement before the High Court
1. percentage reduction of entitlement to costs

Quick Take

Where a party successfully defends infringement but fails on a cross-claim for revocation, costs will be reduced by a percentage reflecting the unsuccessful validity challenge rather than awarded on a strict issues basis, with the reduction being greater where more discrete invalidity grounds were raised and failed.