Remedies
November 29, 2022
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
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
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
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
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
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
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
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.