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Accounting of profits offers significant benefits to patent owners

Friday, May 04, 2018 @ 1:44 PM | By Jeremy Want and Daniel Davies

Recent cases have spotlighted a tremendous advantage to litigating IP rights in Canada.

Canada’s “accounting of profits” remedy for patent infringement, which is not available in the U.S., has recently been highlighted in court decisions resulting in significant awards. In Dow v. Nova 2017 FC 637 the accounting remedy was used to obtain the highest reported Canadian patent infringement award of $645 million.

The accounting of profits remedy is especially advantageous in cases where the patentee’s losses are difficult to establish.

In Canada, a successful patentee...