What are the consequences of a defendant not knowing or otherwise knowing of a patent violation?
Manitoba, Canada
The following excerpt is from Unrau et al. v. Princess Auto Ltd., 2005 MBQB 178 (CanLII):
If the defendant had been aware of the patent and had deliberately ignored it with a view to driving the plaintiffs out of business, then aggravated or punitive damages might have been warranted. For example, in what is now one of the leading cases in Canada on the subject, namely, Whiten v. Pilot (supra), the defendant insurance company had deliberately persisted in what it knew or ought to have known was a spurious defence of arson in order to defeat the claim of their insured with respect to their home which had been destroyed by fire; and in that case punitive damages were awarded. But there was no such conduct here.
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