Smart & Biggar’s patent litigation experts featured in The Patent Litigation Law Review
December 17, 2018

Partner Steven Garland and associate Daniel Hnatchuk have co-authored the Canada chapter of the 2nd edition of The Patent Litigation Law Review, now published and available online.

Steven Garland   Daniel Hnatchuk
Steven Garland   Daniel Hnatchuk

As a result of recent developments in patent legislation, jurisprudence and improved court procedures, Canada has been receiving international attention from patent owners and practitioners. In the chapter, Steven and Daniel provide an overview of key aspects of Canadian patent law, and highlight features that make it an attractive jurisdiction for patent litigation, including:

  • the availability of flexible remedies, including damages, disgorgement of a defendant's profits and injunctive relief;
  • potential for the award of costs of the proceeding, namely a percentage of lawyers' fees and reimbursement of all reasonable disbursements (e.g., expert fees), being typically awarded to the successful party;
  • avoidance of forum shopping as a result of the national jurisdiction of the Federal Court;
  • no doctrine of file wrapper estoppel in Canada, unlike other jurisdictions such as the United States;
  • no jury trials, with patent actions held in the Federal Court and decided by the trial judge alone; and
  • procedural changes in the Federal Court, where most patent proceedings are commenced, which permit litigants to achieve quick and cost-effective results.

The Patent Litigation Law Review enlists leading practitioners around the world to focus on recent developments in substantive patent law as demonstrated by the most important recent court decisions in their respective jurisdictions. The Review not only summarises patent litigation procedures, but also provides insight into the current topics that affect patent law, generally.

Read the Canada chapter here and the full 2nd edition Review here.

Smart & Biggar is Canada's largest firm practising exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montreal, Vancouver and Calgary. We have been leaders in intellectual property and technology law for over a century. For more information, please visit smart-biggar.ca.

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