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patent infringement

By McCarthy Tétrault LLP | 4 Minutes Read January 8, 2019

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.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / damages for infringement, intellectual property infringement, patent infringement, pharmaceuticals

By Occasional Contributors | 5 Minutes Read October 19, 2017

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.

Article by Occasional Contributors / Business, Finance and Accounting / accounting, Dow Chemical Co. v. Nova Chemicals Corp, full cost accounting, intellectual property, intellectual property infringement, patent infringement, springboard profits

By McCarthy Tétrault LLP | 3 Minutes Read August 18, 2017

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.”

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / AstraZeneca, degree or quantum of usefulness, not good law, Patent Act, patent and design, patent infringement, patents, promise doctrine, prosecution of a patent application, touchstones for patentability in Canada, utility requirement

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