Under the provisions of the United States Patent Act, the sale of “any article of manufacture” to which an infringing design has been applied makes the infringer liable “to the…
Tag: damages
Spokeo: Will U.S. Supreme Court’s Decision Impact Privacy Damages in Canada?
The re-posting of this article is part of a cross-posting agreement with CyberLex. The Spokeo decision’s requirement that there be a concrete injury in order to ground privacy damages is…
Copyright Infringement of Tiny Photos Leads to Gigantic Award
An American photographer has been making headlines after receiving a massive award for copyright infringement by a health supplement website in relation to two of his photographs. It took 5 years, but on October…
Improving the Patent Law Lottery by Reforming Damages
A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore…
Apple Emerges Victorious over Samsung, but What Does it Mean?
After more than a year of grueling litigation, the dust has settled between the tech giants for the time being, and it seems as if Apple has come out on…
Copyright Lightweights: When 50 Pounds in Damages Might be Abuse of Process
The issue at the heart of Sullivan v. Bristol Film Studios is not merely the trivial amount of damages. Instead, the analysis from this recent case puts the principle of proportionality…