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January 12, 2005
Is Canada the Best Place to Sue?
Mondaq (free registration) has a great article, titled Canada: Choosing between Canada and the United States: Patent Law and Litigation.
Depending on the seriousness of the multijurisdictional infringement and the danger it poses, an IP holder might want to sue in one or many jurisdictions. The size and importance of the US market means that litigation in the US is frequently seen as the first logical step. However, there may be situations in which opting to enforce a patent in Canada will be an attractive alternative.
The authors, Andrew Shaughnessy and Andrew Bernstein discuss several topics in this short article, including the following:
- Claim construction - what, no Markman?
- No inequitable conduct
- Limited antitrust remedies
- Procedural differences
- Differences in remedy: injunctions
Posted by at 08:56 AM.
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