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Nov 22, 2022 · On November 18, 2022, the Supreme Court of Canada released its decision in Nova Chemicals Corp. v. Dow Chemical Co. 1 In a near-unanimous decision, the Court upheld the largest monetary award ever in a Canadian patent case and, in doing so, clarified the test for an accounting of profits. The Court also confirmed that springboard profits — profits that a patent infringer made from an ...
The Court upheld the largest monetary award ever granted in a Canadian patent case: a $645 million award to Dow for infringement by Nova of Dow’s patent for a type of polyethylene plastic. A majority of the Court recognized that an accounting of profits was an important remedy that helps maintain the integrity of the patent bargain by ensuring that an infringer does not benefit from ...
Jan 12, 2023 · Standalone infringement decisions in Canada on industrial designs – known as design patents in the United States – are relatively infrequent. 2022 saw a decision, Crocs Canada v Double Diamond Distribution, in which a Plaintiff, Crocs, successfully sued for infringement of an industrial design relating to a unique shoe design (2022 FC 1443).
Jan 9, 2023 · The Court of Appeal ultimately upheld the Court’s determination but took the opportunity to set out the principles governing an accounting of profits as a remedy for patent infringement. In particular, the Court of Appeal noted that the purpose behind an accounting of profits is to disgorge the profits made by the infringer as a result of the infringement.
Jan 18, 2024 · As reported in our article Canadian Patent Law 2022: A Year in Review, 2022 saw a shift from the historical norm where motions for summary judgment or summary trial were rarely utilized in patent cases to an environment where summary judgment and summary trial appear to be viable options to resolve patent disputes. In 2023, the Federal Court continued to provide guidance regarding when summary ...
Dec 1, 2022 · Published December 1, 2022. On November 18, 2022, the Supreme Court of Canada (SCC) released its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 (Nova v. Dow). The decision upholds a record-setting $644 million patent infringement award. It demonstrates that patents are powerful business tools that create competitive strategic ...
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In 2017, the Federal Court of Canada awarded Dow Chemical Co. (Dow) the largest damages award in Canadian history for infringement of its patent relating to polyethylene plastic products on the basis of an accounting of profits of the infringer, Nova Chemicals Corp. (Nova). The Federal Court of Appeal upheld the award, as previously reported by ...
