Dnow Canada ULC v. Grenke Estate
On the record and bearing the high deference owed to the trial judge on mixed fact and law, the Court upheld the trial judge’s use of a market‑share based methodology and the modified Schedule 2b to quantify most lost drive sales and profits, rejected the appellants’ challenges to unit counts, electric/hydraulic treatment and Weatherford data as not amounting to palpable and overriding error, but found the trial judge erred in awarding lost profits for convoyed (associated) sales because causation for those add‑ons was not established and quantified reliably; result: appeal allowed in part, $…
Source excerpt
- Patent infringement
- Damages assessment
- Market share as proxy
- Causation
- Expert qualification and weight
- Convoyed sales