In McCain Foods Limited v J.R. Simplot Company (2025 FC 1078), the Federal Court of Canada found that the Defendant’s use of pulsed electric fields (PEF) to pretreat potatoes before further processing into French fries did...more
In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity...more
Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sébastien Dupont provide an annual summary of key developments in Canadian IP litigation. This webinar offers a valuable opportunity for...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