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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

patent infringement

By | 4 Minutes Read

Federal Court of Appeal clarifies key damages concepts

Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217. In the underlying litigation, the Federal Court awarded damages to Eli Lilly because Apotex had infringed Eli Lilly’s patented process for making a cephalosporin antibiotic.

By | 5 Minutes Read

That's a wrap: Springboard profits, full cost accounting, and more from the Federal Court in Dow v. Nova

Overall, the decision provides clarification about the Federal Court’s approach to a diverse range of issues which can arise in accounting of profits cases. Moreover, the decision is the latest demonstration of the Federal Court’s willingness to consider flexible approaches to procedural and substantive issues to enable just and expeditious outcomes.

By | 3 Minutes Read

Promise doctrine abolished by the Supreme Court of Canada

On June 30, 2017, the Supreme Court of Canada, released a landmark patent decision (2017 SCC 36) abolishing Canada’s so-called ‘Promise Doctrine’ by finding it “unsound”, “not good law” and “incongruent with the both the words and scheme of the Patent Act.”

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