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Damages › Non-Infringing Alternatives (NIAs)

Akin Gump Strauss Hauer & Feld LLP

Two Product Market for Bamboo Decking Justifies Jury Award of Lost Profits

Akin Gump Strauss Hauer & Feld LLP on

The District of Delaware recently held that evidence addressing a lack of non-infringing alternatives from the perspective of the market as a whole, as opposed to customer-by-customer, may suffice when the market includes...more

Mintz - Intellectual Property Viewpoints

Lost Profits – Who’s Sale is it Anyway?

Mintz - Intellectual Property Viewpoints on

Patent owners can recover lost profits when (1) there is a demand for a patented product, (2) an absence of acceptable non-infringing alternatives, (3) the patentee had the manufacturing and marketing capacity to exploit...more

Smart & Biggar

Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative

Smart & Biggar on

On the eve of a section 8 trial, the Ontario Superior Court granted Abbott and Takeda leave to amend their pleadings to assert that Apotex’s purported non-infringing alternative (NIA) was unlawful as it would have infringed a...more

Smart & Biggar

Rx IP Update - December 2018

Smart & Biggar on

FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence - On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Smart & Biggar

Accounting of profits offers significant benefits to patent owners

Smart & Biggar on

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

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