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.
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.
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.
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.
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.
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.
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.
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.