FCA clarifies discretion to award accounting of profits
In parallel decisions, the Federal Court of Appeal dismissed Rovi’s appeals against Telus and Bell (the Telus appeal) and against Videotron (the...Read More
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...Read More
A bittersweet default judgment for Honey
The Federal Court granted default judgment in favour of Heather McDowell, owner of Toronto-based fashion boutique Honey, against the online boutique “A...Read More
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
No Entitlement to Punitive Damages for Infringing Compatible Products
Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement...Read More
Plaintiffs that Stand Together Win Together: Entitlement to Claim Under the Patentee
Following its decision that Munchkin Inc. had infringed the Plaintiffs’ patents for diaper pails and cassettes (see 2022 FC 507), the Federal...Read More
Despite Defendants’ Arguments, Plaintiffs Entitled to Permanent Injunction for Infringement by Previous Generations of Defendants’ Products
In Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111, the Federal Court examined the plaintiffs’ entitlement to injunctive relief, entitlement to...Read More
Complex Proceedings ≠ Complex Accounting: When to Deny the Accounting of Profits Remedy
Angelcare Canada Inc. v Munchkin Inc., 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement...Read More
But-For Result in Prohibition Proceeding Does Not Give Rise to Section 8 Claim for Damages
The Ontario Superior Court recently dismissed a claim for damages brought by Apotex under section 8 of the Patented Medicines (Notice of...Read More
Equitable Remedies not in the Program for Rovi Guides
The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1)...Read More
Infringers held accountable with the springboard profits and accounting for profits remedies
The SCC dismissed Nova Chemical’s appeal of Dow Chemicals’ accounting of profits and springboard profits award in an 8:1 (Côté J. dissenting)...Read More
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a...Read More
Fingolimod Settlement Agreement Begets New Disagreements
In March 2019, Novartis and Pharmascience entered into a settlement agreement giving Pharmascience a non-exhaustive license to sell its generic version of...Read More
Court of Appeal Dismisses Apotex’ Perindopril Non-Infringing Alternative Appeal
In Apotex Inc v ADIR, 2020 FCA 60, the Federal Court of Appeal dismissed Apotex’ appeal on its non-infringing alternative (NIA) defence...Read More
Teva Successful In Pregabalin Section 8 Damages Case Against Pfizer
On March 30, 2017 Justice Phelan issued his Public Reasons for Judgment awarding Teva damages under section 8 of the PM(NOC) Regulations...Read More
Crash Landing: Court Awards Damages Of $1.5 Million In Helicopter Landing Gear Case
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to...Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical...Read More
Quebec Court Shines Light on LED Trade-mark Ownership
In 6766285 Canada Inc c. 2900319 Canada Inc., 2015 QCCS 5143, Justice Courchesne of the Quebec Superior Court held that Divvali was...Read More
A novel claim for damages under centuries-old monopolies legislation survives motion to strike
A claim by Apotex in the Ontario Superior Court pursuant to the English Statute of Monopolies (which was enacted in 1624) and...Read More
Just Right: Non-Infringing alternative Relevant in Calculating Damages for Patent Infringement
In Apotex Inc. v. Merck & Co., 2015 FCA 171, the Federal Court of Appeal held that when calculating damages for patent...Read More
Hands Off My Profits
In a decision released May 5, 2015, the Court of Appeal for Ontario has upheld the Divisional Court’s decision that had struck...Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety...Read More
Apotex barred from raising validity issues during assessment of damages
On September 16, 2014 Prothonotary Lafrenière dismissed Apotex’s motion for leave to file an amended Responding Statement of Issues. Apotex sought to...Read More
Statutory, but not punitive, damages for copyright infringement
Rundle provided training services to assist federal government employees in passing various language proficiency tests for bilingual positions in the federal public...Read More
Court of Appeal further clarifies section 8 damages framework
When a generic drug company is held off the market by an improper prohibition application, that generic is entitled to damages under...Read More