Blog Bites: The factors that the court considers in accounting for profit remedies in a Canadian patent infringement litigation

April 25, 2017

This article posted on our partner site highlights the major issues in an important patent infringement case relating to the disgorgement of profits in Canada. The Federal Court of Canada found in favour of DOW Chemicals in a case of patent infringement. This article outlines the court’s approach to accounting for profits, including granular financial points such as the date of currency conversions, while determining the judgment account (quantum of amounts owed or potentially owed). This is relevant for businesses that, if found to be infringing, will need to pay a portion of their profits to a patent holder (possibly even a competitor). When drafting a license agreement, it is typical for a licensor to seek audit rights so reviewing a case regarding a disgorgement of profits can provide insight on the potential for the audit or scrutiny of a licensee’s business accounts.

Intellectual Property
Ownership of Intellectual Property
Intellectual Property Transfer
Blog Bites
Canada (General)

Written by Alina.