Canadian Court of Appeal Upholds Decision on Patent Invalidity and Punitive Damages

摘要

The Canadian Federal Court of Appeal ("FCA"), in Bell Helicopter Textron Canada Limitee v. Eurocopter SAS, affirmed a trial decision that invalidated most of the claims of a patent for failure to meet the promised utility (see "Patent Claims Invalidated for Lack of Utility, But Punitive Damages Awarded for Infringement" [26 WIPR 39, 3/1/12])). The FCA also sanctioned the concept of punitive damages for willful patent infringement under Canadian law.