federal court of appeal

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 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.