On Nov. 18, 2022, the Supreme Court of Canada rendered its long-awaited decision in the accounting for profits case Nova Chemicals Corp. v. Dow Chemical Co. This webinar will review the SCC decision and discuss its implications, including:
- How to apply the three step test for an accounting of profits?
- What is causation for accounting of profits?
- What is a non-infringing alternative?
- When can a non-infringing alternative argument be made?
- What is spring-boarding?
- When should you bring a claim for spring-boarding?
- What is the difference between the three approaches - differential costs, (2) full costs, and (3) differential profits?
