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Federal Court of Appeal Offers Further Guidance on Elevated Costs Awards

Canada - October 1 2021 The Federal Court of Appeal has provided further guidance on the circumstances under which litigants may obtain costs awards exceeding those…

Mitchel Fleming, Andrew McIntosh.

Federal Court of Appeal Affirms Award of Damages for Compound Interest that “Would Have” and “Could Have” Been Earned in Patent Infringement Litigation Involving Cefaclor

Canada - August 10 2021 What is the test a party must meet to establish a claim for interest as damages arising from lost profits? On the first appeal in connection with the…

Joshua W. Spicer.

Exhaustion Doesn’t Apply: Repurposing of Original Branded Parts Leads to Findings of Infringement, Passing Off and Depreciation of Goodwill

Canada - July 12 2021 On June 17, 2021, in H-D U.S.A., LLC v. Varzari, 2021 FC 620, Justice McHaffie of the Federal Court held that the manufacturing and sale of an…

R. Scott MacKendrick.

Federal Court of Appeal Affirms Site-Blocking Order in Teksavvy Case

Canada - June 11 2021 On May 26, 2021, the Federal Court of Appeal released its much awaited decision in Teksavvy Solutions Inc v. Bell Media Inc.1 The Court unanimously…

Raffi Dergalstanian, Andrew McIntosh.

Alberta Court Rules that Licensee Broadcaster is not Presumptively Entitled to Claim Copyright Infringement on Behalf of the Rights-Holder and Refuses to Grant Injunction Based on General-Phenomenon Evidence as Proof of Harm

Canada - May 7 2021 In Allarco Entertainment 2008 Inc. v. Staples Canada ULC, 2021 ABQB 340, the Court of Queen’s Bench of Alberta (the “Court”) found that the plaintiff…