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Damage Control – Remedies in Canadian Intellectual Property Litigation

  • 25 Nov 2014

The Toronto Intellectual Property Group is pleased to present a discussion of current issues relating to damages in Canadian intellectual property litigation featuring Allyson Whyte Nowak, partner with Norton Rose Fulbright, and Suzanne Loomer, financial expert with Froese Forensic Partners Ltd. Topics to be addressed include:

  • quantification of damages in patent infringement cases and claims made under Section 8 of the Patented Medicines (Notice of Compliance) Regulations
  • the principles underlying damages calculations and the framework for damages quantification for patent infringement claims
  • how damages calculations prepared pursuant to Section 8 claims differ from infringement damages

Allyson Whyte Nowak is a partner with Norton Rose Fulbright, practicing intellectual property and related litigation, including patent litigation relating to financial services, life and health sciences (pharmaceutical compounds, biotechnology, and medical devices), as well as litigation related to trade secrets and confidential information, copyrights, trade-marks and trade libel. She has significant experience in damages actions under the Patented Medicines (Notice of Compliance) Regulations.

Suzanne Loomer is a Managing Director of Froese Forensic Partners Ltd., one of Canada’s largest independent financial investigative firms. Suzanne is a Chartered Business Valuator and CPA with over 22 years of professional experience, specializing in business and intellectual property valuation as well as the quantification of economic damages. Working with mid-market to multi-national companies, she develops expert reports and valuations for a variety of purposes, including intellectual property infringement and Section 8 claims. Suzanne has testified as a financial expert in the Ontario Superior Court and the Federal Court of Canada, as well as in mediations and arbitrations. She has been published in various business magazines throughout Canada, has appeared on BNN, and is a regular speaker on business and intangible asset valuation and litigation support matters.


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