Successfully represented Nintendo in an application for trademark infringement, copyright infringement and circumvention of technological protection measures (TPMs). This case was the first time that any court had considered and applied the anti-circumvention provisions of the Copyright Act. Apart from broadly interpreting the prohibitions against circumvention, the Federal Court awarded Nintendo a precedent setting $11,700,000 in damages for copyright infringement and circumvention of TPMs, as well as $1,000,000 in punitive damages.
Client Success
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Nova Chemicals Corporation v Dow Chemical Company
2022 SCC 43Smart & Biggar successfully represented Dow Chemical before the Supreme Court of Canada, affirming the largest reported Canadian patent infringement award in history including the first time that ...Read More -
Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc
2024 FC 871Smart & Biggar successfully represented Tekna Plasma Systems (Tekna), the plaintiff in this action.Read More -
Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation
2024 FC 1198Smart & Biggar successfully represented Boehringer Ingelheim in a s. 6(1) action under the Patented Medicines (Notice of Compliance) Regulations regarding the use of nintedanib in the prevention o...Read More