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Blog Bite: What is the strategic value of an “action for declaration of non-infringement?”

This article posted on our partner site Mondaq.com reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-inf...

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

  This article posted on our partner site Mondaq.com highlights the major issues in an important patent infringement case relating to the disgorgement of profits in Canada. The Federal Cou...

Unplanned benefit can lead to a disgorgement claim.

Disgorment damages are intended to strip the defendant of any benefits they obtained as a result of their wrong doing. As such, even if the plaintiff has not suffered any loss they can still be awarde...

Know who you are suing

Discussion: Stekel v. Toyota Canada Inc (2011 Ont SC) emphasizes the importance of knowing who your counterparty is, in the event that you decide to litigate. Although the plaintiff, in this case, was...
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