Patent Infringement

Case summaries and articles about patent infringement.

January 20, 2023
Photograph of assorted blister packs containing pharmaceuticals in pill form.

Past Conduct Deemed Relevant to Infringement in ANDA Proceedings

CAFC No. 22-1595: In this precedential decision on induced infringement, the Federal Circuit clarified that “past conduct is relevant to what will happen in the future”.
November 29, 2022
Photograph of a hand holding a calculator and performing financial calculations.

Canada’s Highest Court Upholds $644M Award for Patent Infringement

2022 SCC 43: The Supreme Court of Canada handed down a decision that awards Dow Chemical $644 million—the largest monetary offering in a Canadian patent lawsuit.
June 30, 2022
Photograph of a silhouette of a pumpjack in an oil field.

Inventor Fails to Extract a Win on Appeal Against Oil Producer MEG

2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
February 3, 2022
A photo of an iPhone screen showing an icon to launch the Google app.

Google’s AdWords Defeats Competitor’s Patent Infringement Claim

Canada's Federal Court dismissed allegations by Paid Search Engine that Google infringed a patent for optimizing paid search engines.
January 27, 2022
A photo of a pumpjack for mining oil in the Canadian prairies.

Prior Use Defence Argued by Mining Supplier in Patent Infringement Case

The prior use defence allows a business to continue activities that would otherwise be patent infringement, if the activities pre-date the filing date of the patent.
December 6, 2021
Photograph of two people shaking hands.

Scope of Patent Agent Privilege Considered in FCC Decision

The Federal Court has limited the scope of patent agent privilege to communications directly related to the protection of patent rights.
October 5, 2021
A close-up photograph of a metal vaporizer or vape-pen

United States Court of Appeals Clarifies “Actual Notice” Under § 287

Fed. Cir. No. 19-2286: The actual notice requirement of § 287 is only satisfied when the recipient is informed of the identity of the patent and the allegedly infringing activity.
August 23, 2021
photo of a hockey stick and a hockey puck on an ice rink.

And He Scores! Patent Infringement Suit Against CCM Hockey Dismissed

2021 FCA 166: The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
July 7, 2021

CAFC Invalidates a Camera Patent, Blurring Lines in the Patent Eligibility Inquiry

Fed. Cir. No. 2020-1760: The CAFC sided with Apple and Samsung, finding a patent for an “improved” digital camera to be an abstract idea and not patent-eligible subject matter.
March 26, 2021
Photograph of an oil and gas pump.

Federal Court Applies Its Own Claim Construction to Infringement Case

2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.
February 1, 2021
Business person sitting a board room table in front of sunny window

Federal Court of Appeal Restricts Admissibility of Foreign Prosecution History

2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US application that was not named by number.
October 27, 2020
Photograph of a money jar spilling coins against white background.

FCA Upholds Largest Patent Infringement Award in Canadian History

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.
September 10, 2020
Photo of a pair of shoes dangling off the edge of a building while lights shine on a bridge in the distance at night.

Identical Preambles: Limiting in One Patent, Not Another

Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
August 10, 2020
Macro photograph of a computer keyboard with black keys.

Infringer Uses Marking Requirement to Escape Pre-Suit Damages

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.
June 18, 2020
Photograph of a red hockey net on the ice of an outdoor skating rink.

Federal Court Clarifies the Admissibility of Patent Prosecution History

In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
April 16, 2020
Photograph of white pharmaceutical pills on a blue background.

Prima Facie Obviousness Established From Similar Compounds, Overlapping pH

Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
March 9, 2020
Photograph of an IV drip delivering a pharmaceutical to a patient in a hospital.

Contested Remicade Patent Will Head Back to Court in June

2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
December 19, 2019

Fuel Tank Patents Limited by Patentee’s “Special Definition”

Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
November 7, 2019
Pair of black and white Nike running shoes

Just Sue It: Nike Takes Skechers to Court For Copying Design Patents

Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
October 28, 2019
Flax seeds (or linseeds)

Foreign Prosecution History is Now Admissible in “Extraordinary Circumstances”

2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.