Area of Expertise
Intellectual Property Disputes
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.
2012 FC 552 / 2012 FC 553Quantification of generic pharmaceuticals’ lost profits under Section 8 of PM(NOC) Regulations involving pharmaceutical drug ALTACE (active pharmaceutical ingredient – ramipril).Learn More
2018 FC 564Quantification of damages in an intellectual property dispute in Federal Court resulting from infringement of certain patents for equipment used in the extraction and storage of oil.Learn More
2017 FC 350; 2020 FCA 141Intellectual property dispute involving an accounting of profits earned by Nova Chemicals Corporation from the alleged infringement of a Dow patent related to production of polyethylene products.Learn More
2017 FC 726Patent infringement and Section 8 matters involving the pharmaceutical drug LOSEC (active pharmaceutical ingredient – omeprazole) heard in the Federal Court of Canada.Learn More
2017 ONSC 1323; 2019 ONCA 23Major damages assessment involving the Defendant’s breach of contract in failing to provide proper bioequivalence studies which caused delays in the Plaintiff’s entry into the U.S. market for certain ...Learn More