Thursday, January 13, 2022

OxFirst Webinar on Noninfringing Alternatives in Canadian Patent Law

On Thursday, January 27, OxFirst will be hosting a free webinar titled The Non-Infringing Alternative in Monetary Remedies in Canadian Patent Law.  The webinar will run from 15:00-16:00 GMT (16:00-17:00 CET, or 9:00-10:00 a.m. Central Time in the U.S.).  The speaker will be one of my long-time coauthors, Professor Norman Siebrasse of the University of New Brunswick.   Here is the webinar description:


This webinar addresses the role of the “non-infringing alternative” in assessing damages and an accounting of profits in Canadian patent cases. This doctrine permits an infringer to argue that it would have been able to compete with the patentee as well, or almost as well, by using an non-infringing alternative, so that damages (or the profit to be disgorged) may be reduced, in some cases to zero. The webinar will show how the the doctrine is based in traditional principles of “but for” causation; illustrate its application in some of the leading case; discuss some of the main objections; and discuss some of the fine points that have been emerged from the Canadian caselaw.

Registration is available here.

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