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The Federal Court of Appeal Upholds $640 Million Accounting of Profits Award for Patent Infringement

Canada - September 22 2020 In its recent decision in Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141, the Federal Court of Appeal clarified…

Ken Clark, Lawrence Veregin.

Monsanto V. Schmeiser 20 Years Later: The Answer Wasn’t Blowin’ in the Wind

Canada, USA - August 5 2020 Intellectual property lawyers have the most interesting bookshelves in their offices; we tend to keep souvenirs of the various cases we work on. Over…

Federal Court Grants Interlocutory Injunction Restraining Cease and Desist Letters

Canada - April 29 2020 Fluid Energy Group Ltd. ("Fluid") and Exaltexx Inc. ("Exaltexx") are direct competitors in the sale of chemicals to the oil and gas industry. After…

Unwrapping File Wrapper Estoppel: Federal Court Considers Admissibility of Prosecution History Under New Section 53.1

Canada - October 9 2019 A recent decision of the Federal Court in Canmar Foods Ltd. v. TA Foods Ltd. has provided the first interpretation of section 53.1 of the Patent Act…

Changes to Canada’s Trademarks Act

Canada - June 4 2019 It has been a long time coming, but effective June 17, 2019, Canada’s new Trademarks Act takes force. Trademark applications filed after June 17 will…

Ken Clark, R. Grant Cansfield, Timothy M. Lowman.