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ARTICLE · 12 DECEMBER 2025

Infringement By Common Design Found In Canadian Case

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Infringement by common design was established for the first time in Canada by the Federal Court (FC) in the decision Adeia Guides Inc. v. Videotron Ltd, released on Nov. 14, 2025.

GlobalIntellectual Property

Introduction

Infringement by common design was established for the first time in Canada by the Federal Court (FC) in the decision Adeia Guides Inc. v. Videotron Ltd, released on Nov. 14, 2025. The FC found Videotron liable for infringement of two patents on the theory of common design. Discussing the concept of infringement by common design, the FC stated at paragraph 476:

The concept stems from the principle of holding someone accountable for their actions towards another if they are working with a third party to further those actions. Put simply, one cannot escape liability for patent infringement by virtue of subcontracting out a portion of the infringing act, or by being but one party to an overall harm towards another.

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