Remedies

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.
August 9, 2021
Photograph of an auto-injector needle with a drop of liquid at the tip of the needle.

Federal Court of Appeal Reaffirms Overbreadth as Grounds for Invalidity

2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
June 11, 2019
Legal textbooks on a shelf

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
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

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

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

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.
June 7, 2013

ONSC Awards Substantial Indemnity Costs against Apotex in Equitable Disgorgement Case

Apotex Inc. v. Abbott Laboratories, 2013 ONSC 2958 Apotex sought equitable disgorgement of profits of Abbott and Takeda, on the ground of unjust enrichment. Specifically, Apotex […]
March 15, 2013

ONSC Issues Reasons for Temporarily Staying Apotex’s Damages Action against Sanofi

Apotex Inc. v. Schering Corporation, 2013 ONSC 1411 Sanofi brought a motion for an order striking Apotex’s statement of claim, or in the alternative, a stay […]