Accounting for profits: are Canadian awards getting out of hand?
Article Abstract:
Profit awards for patent cases in Canada are biased towards the plaintiff. The awards come when the plaintiff elects for an accounting of profits instead of regular damages. The accounting uses a specific method called the differential accounting approach, which prevents the defendant from shifting profits away from the patent at issue. The results of this accounting give awards of 40% to 70% of total revenues, far higher than typical damages.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
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Problems in proving lost profits in multiple competitor situations
Article Abstract:
The courts need to clarify the principles of lost profits awards for patent infringement when multiple competitors are involved. The issue was first addressed in State Industries Inc v Mor-Flo Industries Inc. The patent owner should bear the burden of proof for infringement against competitors, and the courts should assign awards against infringers commensurate with each firm's actual market share.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993
User Contributions:
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