Patents
Case summaries and articles about patents.
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.
August 15, 2017
2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.
August 8, 2017
2017 FC 6 - MediaTube brought allegations of infringement against Bell over one of its IT patents, asserting that Bell had infringed the patent with Bell’s IPTV services. The FC deemed the patent to be valid, but not infringed. Costs were decided in Bell’s favour and elevated to reflect the punitive damages claimed by MediaTube and the weak argument they had put forth.
August 1, 2017
2016 FC 1117 - Cascade brought a claim that Kinshofer had infringed its Canadian patent related to a safety locking device for quick couplers. After carrying out a claim construction, the FC did not find that the patent had been infringed.