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Federal Court of Appeal rejects ‘novel argument’ for remedy in patent infringement

Tuesday, February 20, 2018 @ 11:29 AM | By Amanda Jerome

An argument of remedy for patent infringement brought by Apotex Inc. against Bayer Inc. at the Federal Court of Appeal is being called novel and innovative by patent lawyers, but not enough to disrupt the well-established rule for remedy under the Patent Act.

Jenna Wilson, Wilson Lue LLP“This case actually confirms a long-standing rule about the remedies available to a successful patentee in equity,” said Jenna Wilson, of Wilson Lue LLP, about the court’s decision in Apotex Inc. v. Bayer Inc. 2018 FCA 32.

The appeal...