Tuesday, October 8, 2013

Canadian Federal Court of Appeals Affirms Patentee's Entitlement to Punitive Damages

Norman Siebrasse has a very good write-up and critique of the Canadian Federal Court of Appeals decision in Eurocopter v. Bell Helicopter Textron Canada, upholding an award of punitive damages for patent infringement.  (The amount of damages has not yet been determined; the ruling the Court of Appeals affirmed relates to the patentee's entitlement to punitive damages, not the amount.)  I agree with Professor Siebrasse's analysis of why the court's discussion of punitive damages is problematic, so all I'd say is, go read Siebrasse's analysis.  He also provides a link to the opinion; the discussion of punitive damages comes toward the end (para. 163 et seq.).

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