News & Analysis as of

Patent Infringement Non-Infringing Alternatives (NIAs)

Axinn, Veltrop & Harkrider LLP

Nokia and the Burden of Burdens

Much like secondary considerations, non-infringing alternatives fit imperfectly within many scheduling orders. The patentee has the burden of proof on damages, but it is the accused infringer who must prove that any...more

Akin Gump Strauss Hauer & Feld LLP

District Court: ANDA Label including Non-Infringing Uses is Not Sufficient to Induce Infringement

In a Hatch-Waxman case, the District Court for the District of New Jersey recently found that a generic label that included an allegedly infringing permissive use did not induce infringement where the label cautioned against...more

Dickinson Wright

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

Dickinson Wright on

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Smart & Biggar

Rx IP Update - January 2019

Smart & Biggar on

IN THIS ISSUE: -Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative - PMPRB News: **PMPRB issues a Notice of Hearing for allegations of excessive...more

Smart & Biggar

Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative

Smart & Biggar on

On the eve of a section 8 trial, the Ontario Superior Court granted Abbott and Takeda leave to amend their pleadings to assert that Apotex’s purported non-infringing alternative (NIA) was unlawful as it would have infringed a...more

Smart & Biggar

FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence

Smart & Biggar on

On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli Lilly over $100 million for Apotex’s infringement of eight process patents related to the antibiotic cefaclor:...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Smart & Biggar

Apotex fails to establish it would have obtained non-infringing perindopril from foreign third-party suppliers; original $61+...

Smart & Biggar on

Servier and its related company ADIR were successful in another chapter of patent litigation relating to perindopril (Servier’s COVERSYL): the Federal Court again dismissed Apotex’s non-infringing alternative defence, finding...more

Smart & Biggar

Accounting of profits offers significant benefits to patent owners

Smart & Biggar on

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

Smart & Biggar

AstraZeneca succeeds in omeprazole patent infringement profits case

Smart & Biggar on

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

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