Markwell Clarizio LLP

infringement

Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part I

Co-written with Dino Clarizio In a complex patent infringement action involving five NCS patents and one Kobold patent relating to tools and sleeves used in oil well drilling, the Federal Court (per McVeigh J.) held that NCS’s patents were invalid and not infringed, and that Kobold’s patent was valid and infringed by NCS. As a […]

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Inducing Infringement with a Skinny Label: FCA Weighs-In

The Federal Court of Appeal (Locke JA writing for the Court) held that Apotex will induce infringement of patent claims to a combination of two active ingredients to treat a condition even though Apotex is seeking approval to market only one of the active ingredients as a monotherapy for the same condition. https://lnkd.in/gkb9faVi Janssen is the

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Angelcare v Munchkin: Entitlement to Infringement Remedies

Co-written with Dino Clarizio The Federal Court of Canada (per Roy J.) decided four issues of entitlement to remedies in an action where he had previously held that the defendants’ products sold in Canada infringed valid claims. The issues were 1) entitlement to injunctive relief; 2) entitlement to an accounting of profits; 3) entitlement to

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