Patent Infringement

May 23, 2017

SCOTUS Lands a Blow Against Patent Trolls by Limiting Patent Litigation Venues

581 U.S. ___ (2017) - SCOTUS reaffirmed one of its previous holdings to find that the proper venue for bringing a patent infringement suit against a domestic corporation is either where the defendant resides, or where the defendant has committed acts of infringement and has a regular place of business.
May 16, 2017

Dow Awarded an Accounting of Profits including Springboard Profits from Infringer’s Ramped-up Sales

2017 FC 350 - The Federal Court outlined in this decision how the Dow Chemical Company should be compensated by Nova Chemicals Corporation for its infringement of Dow’s patent.
May 2, 2017

FCA Finds Provincial Limitation Periods May Apply to Patents Subject to the Old Patent Act

2017 FCA 9 - The FCA affirmed the FC decision that AstraZeneca’s patent was valid and infringed, accepted Apotex’s appeal with respects to limitation periods, and rejected AstraZeneca’s cross-appeal regarding punitive damages.
April 25, 2017

Federal Court finds foreign, non-exclusive licensee entitled to damages

2016 FC 593 - The FC awarded Janssen Canada and Janssen US almost $19 million in total damages for Teva's infringement of a Japanese entity's patent, for which Janssen US had never even exercised its licence in Canada.
April 4, 2017

FCA holds FC erred by rejecting relevance of non-infringing alternatives

2017 FCA 23 - The FCA found that the FC had erred by rejecting the relevance of non-infringing alternatives available to Apotex, so as to reduce the accounting of profits award to ADIR for infringement of its patent. The single issue was remitted back to the FC.
March 28, 2017

Federal Court of Appeal dismisses appeal for one of the biggest costs awards ever

2017 FCA 25 - The FCA dismissed Nova’s appeal of a FC judgment, which awarded Dow $6.5 million for costs in their successful action for patent infringement.
March 14, 2017

Federal Court Grants Prohibition Order on Generic Psoriasis-treating Ointment

2015 FC 1237 - The FC heard and granted an application by Leo Pharma to prohibit Teva Canada from being issued a Notice of Compliance under the PM(NOC) Regulations.
February 7, 2017

FC Affirms Prothonotary Decision Allowing Action to Continue on Allegations of Likely Future (Quia Timet) Infringement

2016 FC 336 - The FC affirmed Prothonotary Tabib’s decision to strike some of Gilead Science's pleadings and allow the infringement action to continue on the basis of amended allegations of a likely future (quia timet) infringement.
January 23, 2017

Patent Regulatory Regime Prohibits Parallel Consumer Civil Actions Rooted in Patent Act Breaches

2015 BCCA 506 - This BCCA decision confirmed that the patent regulatory regime – that being the Patent Act, the Patent Rules, the Food and Drugs Act, the Food and Drug Regulations, and the Patented Medicines (Notice of Compliance) Regulations, is a complete code which forecloses parallel civil actions rooted in a breach of the Patent Act.
December 20, 2016

Bargain Theory Requires Adequate Disclosure in Patents

2015 FC 108 - Patent drafters are required to provide adequate disclosure of an invention in patent applications to reduce the likelihood that the granted patent will be litigated and invalidated years down the road. This Federal Court (“FC”) decision dismissed an application for a prohibition order on the grounds of non-infringement and found the patent to be obvious and lacking in utility.