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ARTICLE · 30 JANUARY 2021

IP Litigation 2020 Year In Review

Smart & Biggar
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By Bruna Kalinoski, Adam Bobker and Scott MacA flurry of jurisprudential developments marked 2020 as a significant year in Intellectual Property litigation.

CanadaIntellectual Property
Bereskin & Parr LLP
Bereskin & Parr LLP
Adam Bobker
Adam Bobker
R. Scott MacKendrick
R. Scott MacKendrick
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A flurry of jurisprudential developments marked 2020 as a significant year in Intellectual Property litigation. The Federal Court of Appeal settled the law on some crucial issues that have longed for legal certainty (e.g., the criteria for prior art to be citable for obviousness), and pivoted from established law on other issues (e.g., jurisdiction and accounting of profits assessment). Numerous rulings at the trial level also feature interesting interpretations of legal points which forecast a lively 2021 with important ramifications to be monitored.

Keep on reading our recapitulation of 10 key legal topics that were discussed in the case law during 2020 to stay abreast of the emerging legal trends affecting the IP litigation landscape in 2021 and beyond.

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