(U.S. to be filed December 22, 2017): Urging the Court to grant the petition for cert and address whether, at the pleading stage,
a compromise of a damages claim can be transformed into a «reverse payment» by focusing solely on the value transferred by the manufacturer to the patent challenger, without considering the value such a compromise provides to the manufacturer.
Not exact matches
«Another type
of claim that may be carved out from the LOL are
claims resulting from the breach
of the agreement's confidentiality provisions, especially when one or both
of the parties is giving the other party access to highly confidential information, the release
of which would cause the party serious
damage by
compromising its competitive advantage.
The case concerned legal issues
of (i) the effect
of a
compromise in earlier First Tier Tribunal proceedings; (ii) the scope
of a right
of way (and whether the obstructions were actionable); (iii) whether there was a defence
of acquiescence to the injunction
claim; and (iv) whether
damages were an adequate remedy in lieu
of an injunction.
PIPEDA, which took effect on January 1, 2004, allows those who believe their personal information has been
compromised to file a complaint with the Privacy Commissioner
of Canada and to make an application to the Federal Court,
claiming all appropriate
damages and remedies.