Apotex Inc. sought directions on costs in relation to three patents, requesting an award of costs totaling $3,079,333.95, or alternatively, $2,071,706.33 or $1,427,975.84. Apotex justified an elevated costs award of 30% of its fees due to the result, complexity, and length of the proceeding, as well as Lilly's conduct. Lilly opposed the motion, stating that the evidence for a lump sum award was incomplete and insufficient. Both parties presented their arguments and affidavits, with Lilly proposing a lower Bill of Costs. The court concluded that Apotex should be awarded the total costs of $2,169,045.00 inclusive of all fees, disbursements, and tax, with post-judgment interest at a rate of 2 percent from the date of that Order.

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