21 Jan 2022
Ark Innovation Technology Inc. v. Matidor Technologies Inc.
The plaintiffs were granted damages and an injunction for copyright infringement and passing off. The parties disagreed on costs. The plaintiffs asked for costs of $96,745, while the defendants argued for costs of $24,745. The court determined that the plaintiffs were successful and awarded them $70,863 in costs, representing 25% of their fees, with a small adjustment. The court considered factors such as the result of the proceeding, the amounts claimed and recovered, and the complexity of the issues. It concluded that a lump sum award based on 25% of fees incurred was appropriate.