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
Non-infringing alternative defence rejected in lovastatin infringement damages trial
On July 16, 2013, Justice Snider released her public Reasons for Judgment in the damages phase of the bifurcated lovastatin infringement action. Justice...Read More
Federal Court of Appeal confirms infringement of Merck’s patent on lovastatin and also holds Merck liable for section 8 damages in respect of the same patent
In two decisions rendered in December 2011, the Federal Court of Appeal highlighted the unique dynamic presented by the Patented Medicines (Notice...Read More