The Supreme Court released its reasons in NOVA v. Dow, which provides some much-needed clarity in the law of an accounting of profits for patent infringement. Please join us as Andrew Bernstein and Paula Frederick discuss this decision, as well as the related Federal Court of Appeal decision, including the following:
- Principles that govern an accounting of profits
- The three-step approach for calculating an accounting of profits
- What is the role of a “non-infringing option?
- The SCC’s decision relating to Springboard profits
- Implications of the FCA decision regarding costs deducted in an accounting of profits
- Do the SCC and FCA decisions make sense from an economics and accounting perspective?
- Tips for practitioners who are arguing a profits case on either side
Andrew Bernstein is a partner at Torys LLP, and the head of Torys Appellate Practice. He has been involved in many IP cases in the Court of Appeal and Supreme Court, including acting as lead counsel for NOVA at the SCC.
Paula Frederick is a Principal at Cohen Hamilton Steger & Co. Inc. (CHS), where she specializes in business valuation and damages quantification. She has particular expertise with respect to IP cases, having prepared numerous accounting expert reports and testified in the Federal Court on such cases. CHS was retained as the accounting experts in the Dow v. NOVA Federal Court case.
The presentation is eligible for up to one hour of substantive CPD.
Please join us at 6PM for a cocktail reception followed by dinner and the presentation.