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.
Bauer Hockey Corp v Sport Maska Inc - 2014 FCA 158 - The Court confirmed that punitive damages are available in trade-mark infringement cases, but “[a]llegations of willful and knowing infringement are alone insufficient to support a claim to punitive damages."
Teva Canada Limited v Pfizer Canada Inc, 2014 FCA 138 - The Court held that punitive and exemplary damages cannot be available where the statutory regime underlying the claim explicitly or implicitly precludes them. This is the case under the PM(NOC) Regulations.
