The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more
In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova. The Supreme Court dismissed Nova’s appeal of the earlier decisions of...more
In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more
1/14/2021
/ Affidavits ,
Appeals ,
Cross Examination ,
Expert Witness ,
Motion for Summary Judgment ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Summary Judgment
Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more
11/12/2020
/ Attorney's Fees ,
Canada ,
Corporate Counsel ,
Disbursement Issues ,
Indemnification ,
Indemnity ,
Indemnity Agreements ,
Intellectual Property Protection ,
IP Litigation ,
Legal Fees ,
Litigation Fees & Costs ,
Patents
In Sikes et al. v Encana Corporation et al. (Court File No. T-1345-13), the Federal Court recently issued an Order dismissing the Action for delay following a status review under section 382.1 of the Federal Courts Rules,...more
The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights.
Recent court decisions have...more
3/20/2018
/ Apotex ,
AstraZeneca ,
Calculation of Damages ,
Canada ,
Damages ,
Defense Strategies ,
Disgorgement ,
Dow Chemical ,
Forensic Accounting ,
Lost Profits ,
Non-Infringing Alternatives (NIAs) ,
Patent Infringement ,
Patent Ownership ,
Patent Royalties ,
Patents ,
Pharmaceutical Patents ,
Remedies