Intellectual property (IP) is a critical driver of growth and value in today’s economy. Companies seeking to strengthen and reinforce their competitiveness are investing more heavily than ever in product research and strategies to protect and enforce their intellectual assets.  This has resulted in an increase in litigation arising from the alleged misuse or misappropriation of IP across a broad spectrum of innovation-driven industries, including biomedicine, pharmaceuticals, technology, media, telecommunications, manufacturing and the petro-chemical and oil sands sectors.

As the pace of IP litigation has increased, so too has the trend towards more substantial awards of remedies by the courts.  In addition to compensatory damages, which are intended to put a plaintiff in the same position it would have been but for infringement, Canadian plaintiffs also have an alternative option to seek remedies based on an accounting of the defendants’ profits earned from infringement. Remedies are also becoming more complex in scope, as increased globalization of supply chains has resulted in the need to consider a web of multi-jurisdictional participants in IP disputes.

The financial experts at CHS have significant knowledge and experience in assessing IP remedies involving a multitude of industries.  We have been involved in a number of Canada’s most prominent IP matters, including one that resulted in the largest patent infringement award in Canadian history.  We have been retained as experts in many cases before the Federal and Provincial courts and provided testimony in regards to all manner of issues related to IP remedies, including lost profits, accounting of profits, apportionment, convoyed sales, full-cost vs. incremental costs, springboard damages, transfer pricing and price erosion.