Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits
LexBlog IP
FEBRUARY 14, 2023
The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases. The majority of the court also confirmed that the calculation properly included profits gained after the patent expired, known as springboard profits.
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