The Federal Court of Appeal has dismissed the appeal and cross-appeal in the Bell Helicopter v. Eurocopter proceeding. The Court included discussion of inventive concept, utility, sound prediction, and punitive damages. Some quotes from the decision:
- “It seems to me that calculations and mathematical modeling are, by their very essence, a prediction of a given utility.”
- “Where a person infringes a patent which it knows to be valid, appropriates the invention as its own, and markets it as its own knowing this to be untrue, punitive damages may be awarded when an accounting for profits or compensatory damages would be inadequate to achieve the objectives of retribution, deterrence and denunciation of such conduct.”
Continue reading Federal Court of Appeal upholds Eurocopter decision →
Eli Lilly has filed a Notice of Arbitration in its NAFTA claim against Canada stating: “Canada’s ‘promise utility doctrine,’ applied by Canadian courts to invalidate the Strattera and Zyprexa patents, is contrary to Canada’s treaty obligations to protect patent rights and has resulted in the unlawful expropriation of Lilly’s intellectual property.”
Continue reading Eli Lilly Files Notice of Arbitration →
Justice Barnes released the trial decision in ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd., 2013 FC 947, a patent infringement action relating to medium voltage gas-insulated switchgear. The two patents at issue were held to be obvious after contentious claim construction. Continue reading ABB Technology v. Hyundai Heavy Industries →
The Federal Court and Federal Court of Appeal have issued Notices to the Profession announcing a list of common authorities for patent and trade-mark litigation. Cases on the list are “deemed to be included in the book of authorities” but “if a party intends to refer to one of these authorities, the passage upon which they will rely should be included”. Continue reading Common List of Authorities →
Canadian Intellectual Property