Dear Colleagues:

 

The Supreme Court of Canada recently released its 8-1 decision in Nova Chemicals Corp. v. Dow Chemical Co., 2020 FCA 141, 2022 SCC 43 (39439).  The appeal concerned the proper calculation of an account of profits remedy for patent infringement. Amongst other issues, the Supreme Court dealt with whether deductions might be made for theoretical profits that the infringer could have earned on an entirely unrelated product had it not infringed (answer: no) and whether Springboard profits, i.e. profits that arise post-patent-expiry but that are causally attributable to infringement of the invention during the period of patent protection, are available in Canadian law (answer: yes). Justice Côté dissented.

 

Happy Reading,

 

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)