The Federal Court has now released the first decision in which the scope of Section 53.1 of the Canadian Patent Act—the so-called “file wrapper estoppel” provision—has been considered. We recently published an IP Update...more
10/1/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
File Wrapper Estoppel ,
Foreign Patent Applications ,
Motion for Summary Judgment ,
New Rules ,
Noninfringement ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Right To Appeal
The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims...more
9/28/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
Extrinsic Evidence ,
File Wrapper Estoppel ,
New Rules ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Prior Art ,
Rebuttable Presumptions ,
Scope of the Claim ,
Supreme Court of Canada ,
USPTO
Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective.
American companies have seen...more
The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights.
Recent court decisions have...more
3/20/2018
/ Apotex ,
AstraZeneca ,
Calculation of Damages ,
Canada ,
Damages ,
Defense Strategies ,
Disgorgement ,
Dow Chemical ,
Forensic Accounting ,
Lost Profits ,
Non-Infringing Alternatives (NIAs) ,
Patent Infringement ,
Patent Ownership ,
Patent Royalties ,
Patents ,
Pharmaceutical Patents ,
Remedies