remedies

June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

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.
April 3, 2018
patent rules

Non-Infringing Alternative Defence Denied in Omeprazole Infringement Profit Case

2017 FC 726 - The FC held that Apotex did not satisfy the factual burden required to establish a hypothetically viable non-infringing substitute during the period of infringement, which could reduce the infringement profits owed to AstraZeneca.
October 3, 2017
Federal Court Section 7

Federal Court dismisses Section 7(a) Trade-marks Act claim over lack of causal link

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.
September 26, 2017
patent rules

Canada’s Supreme Court Does Not “Like” Facebook’s Forum Selection Clause

2017 SCC 33 - The SCC allowed Douez’s appeal and found strong reasons not to enforce the forum selection clause present in Facebook Inc.’s terms of use on its social media website, Facebook.com.
August 29, 2017
patent rules

Federal Court Awards Dow over $644 Million in Damages

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.
May 16, 2017

Dow Awarded an Accounting of Profits including Springboard Profits from Infringer’s Ramped-up Sales

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.
January 23, 2017

Patent Regulatory Regime Prohibits Parallel Consumer Civil Actions Rooted in Patent Act Breaches

2015 BCCA 506 - This BCCA decision confirmed that the patent regulatory regime – that being the Patent Act, the Patent Rules, the Food and Drugs Act, the Food and Drug Regulations, and the Patented Medicines (Notice of Compliance) Regulations, is a complete code which forecloses parallel civil actions rooted in a breach of the Patent Act.