Mr Daniel Whalen

Daniel Whalen


Intellectual Property

'Non-infringing alternative' defence in assessment of damages for patent infringement
Canada | 24 August 2015

In a dispute between Apotex and Merck the Federal Court of Appeal recently held that the availability of a non-infringing alternative may be a relevant consideration when assessing damages for patent infringement. This decision is arguably a departure from past jurisprudence that had rejected this defence; although the extent to which it will affect the quantum of damages awards in future cases remains unclear.

Foraging for photographs in the Great White North: IP issues with online photos
Canada | 16 March 2015

Copying content from the Internet is a lot like picking berries in the wild – it can be easy and tempting, but potentially quite risky. In this regard, photographs and other images are the low-hanging fruit of the Internet because they are so easy to find and copy. A recent decision highlights the potential for liability in Canada when using third-party photographs without permission.

A year of significant change for Canadian IP law and practice
Canada | 09 February 2015

Canada's IP laws underwent a number of changes in 2014 which transformed many of their fundamental concepts and related practices. Among other things, the Trademarks Act was extensively amended twice, while the Patent Act was amended to make it consistent with the international Patent Law Treaty.

Competition considerations in IP settlement agreements
Canada | 08 December 2014

Recently, the Competition Bureau published an updated version of the IP Enforcement Guidelines and a white paper entitled "Patent Litigation Settlement Agreements: A Canadian Perspective". The release of the updated guidelines and white paper should serve as a warning that Canadian IP owners must be alert to potential antitrust issues when exercising their IP rights and entering into transactions involving those rights.