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Litigation Fees & Costs Damages Patent Litigation

Smart & Biggar

Costs awards in Canadian IP proceedings – update and future directions

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Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more

Smart & Biggar

Top 5 reasons to consider patent litigation in Canada now

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Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

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