Sergey Nivens /
20 August 2015AmericasMark Biernacki and Cameron Weir

From profits to damages: Canada’s NIA defence

On July 23, 2015, in Apotex v Merck & Co, Canada’s Federal Court of Appeal found for the first time that the availability to an infringer of a non-infringing alternative (NIA) is a relevant consideration when calculating damages for patent infringement. This is a significant legal development.

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