Angelcare Canada Inc. v. Munchkin, Inc., 2023 FC 1111
Justice Roy - 2023-08-17
Read full decision. Automatically generated summary:
Four topics are made the subject of this Order and its Reasons: entitlement to injunctive relief; entitlement to accounting of profits; entitlement to punitive damages; and who, out of the three Plaintiffs, is entitled to a pecuniary remedy (damages or accounting of profits) and for what period of time. ... In the case at bar, there is just no substantiated allegation of some reason for denying the Plaintiffs the ability to conduct, in due course, an accounting of profits. ... There is no doubt, in my view, that the Defendants sought to sell their product as refills usable in Diaper Genie pails. But that, in and of itself, does not make the failure to differentiate its product enough to avoid infringement of valid patents of the Plaintiffs, the kind of “marked departure from ordinary standards of decent behaviour” that may attract punitive damages. ... I find that there was ample evidence in this case that the Plaintiffs were operating together towards a common goal, thus granting each other the right to use the patents. Indeed that was a sine qua non in their commercial endeavour to commercialize the patented invention and their confirmatory patent licenses were just that: confirmatory of an unambiguous reality.
Decision relates to:
- T-151-16 - ANGELCARE DEVELOPMENT INC. ET AL. v. MUNCHKIN, INC ET AL.