Canada’s Supreme Court awards $644 million in patent case
The Supreme Court of Canada affirmed a $644 million award for patent infringement and in doing so clarified the: (i) account of profits analysis process; and (ii) role non-infringing options may play in the analysis. The Court also confirmed that “springboard profits” (profits made after a patent expired, but which are attributable to infringement that occurred during the life of the patent) may be awarded in Canada.
