In previous Federal Court decisions, the court ordered Nova Chemicals Corporation to pay the Dow Chemical Company approximately C$650 million as a result of Nova's infringement of Dow's patent on novel polyethylene blends. This was the largest reported Canadian patent infringement award in history. The Federal Court of Appeal has now issued its judgment and reasons on the appeal.
The Competition Bureau recently released its updated IP Enforcement Guidelines. While the guidelines are technical and directed at IP and competition law practitioners, there are key aspects of the bureau's approach and various scenarios involving competition and intellectual property that could arise for consideration. As such, when issues relating to IP and competition law arise, including when deciding whether to pursue the licensing or enforcement of IP rights, legal advice should be sought.
The Federal Court recently issued its further judgment and reasons concerning the amount of financial compensation to be paid to Dow Chemical Company as a result of earlier patent infringement and validity proceedings against NOVA Chemicals Corporation. The final award totals over C$645 million (including pre-judgment interest), which is the largest reported award in a Canadian patent infringement case.
The Federal Court recently issued its public judgment and reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company and NOVA Chemicals Corporation. The final quantum of the award is still before the courts, but it is expected to be one of the largest ever awarded in a Canadian patent case.
In 2011 the Competition Tribunal found that the Toronto Real Estate Board's online use restrictions were not an abuse of its dominant position in the market. However, the Federal Court of Appeal disagreed and sent the application back to the tribunal for redetermination. The tribunal recently released a further order, in which it found that the board had abused its dominant position. In attempting to justify its online use restrictions, the board raised two arguments that are of particular interest.
Official marks, which are a form of IP protection unique to Canada, can be a source of frustration when cited against a trademark application. However, applicants have several options available to them to overcome a citation of an official mark. Recently, a Federal Court decision involving Starbucks clarified that, under certain circumstances, an official mark may be invalidated.