Weatherford

Monsanto v Schmeiser Does Not Indicate SCC Departure From Existing Precedents: But-For Causation Still Required for Contributory Infringement

In Nycomed Canada Inc. v Teva Canada Limited 2012 FCA 195 (Noël, JA), the Federal Court of Appeal (FCA) considered whether the Federal Court erred in rejecting Nycomed’s counterclaim for induced infringement. The FCA upheld the lower court’s decision affirming that but-for causation must be established in order to successfully claim contributory infringement.

Weatherford: Patent Validity Attacks For Lack Of “Good Faith” Ruled Out In Canada

Grant W. Lynds is a partner in the Ottawa office of Gowling Lafleur Henderson LLP, whose practice focuses on intellectual property litigation and patent prosecution. This case analysis has been re-posted with his permission. In recent years, Canada’s Federal Court has generated much debate with respect to whether patent applicants in Canada owe a “duty […]