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Courts get serious about quantifying reasonable royalties in patent litigation

Friday, October 13, 2017 @ 8:40 AM | By Ephraim Stulberg

Until recently, there had been few reported Canadian patent infringement decisions dealing with reasonable royalties. This has changed in the past several years. This article looks at some of the key developments in this area of patent infringement financial remedies.

In patent litigation, the concept of a “reasonable royalty” is employed in two ways. First, a plaintiff is entitled to a reasonable royalty for infringement during the period between when the patent is “laid open” to inspection and when it is issued. Second, during the period...