On November 18, 2022, the Supreme Court of Canada (‘SCC’) issued its long-awaited decision on the proper calculation of the accounting of profits remedy for patent infringement. At its core, an accounting of profits requires the infringer to disgorge all profits gained that are ‘causally attributable to the invention’. Writing on behalf of the eight-judge majority, Rowe J, sets out a 3-part test for an accounting of profits … (more)
[Steven Tanner, James SS Holtom and Andrew Medico, McCarthy Tetrault, 29 November 2022]
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