Damages
Damages are pecuniary losses suffered by the plaintiff resulting from the
infringement of the patent, which may take the form of lost profits on sales,
etc. or royalty payments.
November 3, 2021
SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
December 18, 2020
2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
October 27, 2020
2020 FCA 141: Court warns judges not to be "spooked" by the enormous sums that may be calculated in an accounting of profits for patent infringement.
August 10, 2020
Fed. Cir. 2019-2041 - The CAFC held that Packet Intelligence was precluded from claiming $3.5M in pre-suit damages because the marking requirement was not met.
April 16, 2019
2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
June 27, 2018
2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.
October 3, 2017
2016 FC 986 - The FC dismissed Supertek's claim that Mishan engaged in conduct contrary to Section 7(a) of the Trade-marks Act, in relation to a Canadian patent.
August 29, 2017
2017 FC 637 - The FC addressed three outstanding issues in the calculation of damages and profits and ordered Nova to pay Dow over $644 million for infringing Dow's Canadian patent.
August 22, 2017
2016 FCA 161 - The FCA remitted a proceeding back to the FC for redetermination after agreeing with Pfizer that part of Teva’s evidence in the FC decision was based on hearsay.