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Forum Shopping Canada

Bennett Jones LLP

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

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This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to...more

Holland & Knight LLP

Is Your Company Prepared to Comply with the New USMCA?

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Final amendments to the United States-Mexico-Canada Agreement (USMCA) were agreed to on Dec. 9, 2019, clearing the path for its approval in the U.S., most likely during the first trimester of 2020. Once approved by all three...more

Smart & Biggar

Top 5 reasons to consider patent litigation in Canada now

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Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

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In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

Smart & Biggar

AstraZeneca succeeds in omeprazole patent infringement profits case

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The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

Bennett Jones LLP

Department of Finance Releases Consultation Paper on Anti-Treaty Shopping Measures

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In the March 2013 Federal Budget, the Department of Finance indicated that it intended to initiate a consultation process on certain "treaty shopping" practices. On August 12, 2013, the government released a consultation...more

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