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The Federal Court disallowed GreenBlue’s overhead deductions on remittal and awarded DeepRoot an accounting of profits, plus prejudgment interest and costs.
The Federal Court of Appeal held there was no reviewable error in the Federal Court’s obviousness findings: the asserted claims of the 870 and 344 Patents were obvious in light of DAVIC and the common general knowledge of the skilled person, so the appeal is dismissed; the appellate court corrected aspects of the trial court’s remedial analysis (noting the trial judge erred in approach to accounting of profits and in relying on unproven design‑around costs) but these remedial errors did not affect disposition.
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The Federal Court held the asserted IPG patent claims invalid for anticipation and/or obviousness, dismissed Rovi’s action, and granted Videotron’s counterclaim.
The Federal Court ruled on motions to strike expert reports in a patent case, dismissing most challenges but striking Dr. Berkman’s reply report.
The Federal Court held Seedlings’ asserted patent claims invalid for overbreadth, with some anticipated and one obvious, and found no infringement by Pfizer’s NGA EpiPen.
The Federal Court found Western Oilfield Equipment Rentals and FPM infringed M-I’s shale shaker patent, rejected most validity attacks, and awarded damages and costs.
On the facts the trial judge correctly found an NIA defence unavailable because Lupin 2 was not established to be lawful, objectively viable or available in time and that Apotex would not have entered the market earlier; however the trial judge erred in awarding compound prejudgment interest by applying a presumption that a plaintiff would have generated compound interest rather than requiring Lilly to prove the loss of interest, so the interest award was set aside and remitted for reconsideration.
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Federal Court damages decision in a patent infringement case, awarding compensatory damages and interest, but refusing punitive damages.
Federal Court quantum decision in a patent case fixing a reasonable royalty, accounting principles, interest, currency conversion, and inclusion of disputed grades.
The Federal Court fixed patent damages at $1.5 million, split between $500,000 compensatory and $1 million punitive, for Bell’s infringement of Airbus’s helicopter landing gear patent.
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