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.
2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented.
In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas.
On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43). This decision upheld the largest monetary award.