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November 7, 2014
November 7, 2014
Children’s Hospital of Eastern Ontario v University of Utah Research Foundation, T-2249-14 - The CHEO will argue that the Long QT Patents that are inhibiting its ability to conduct medical testing claim unpatentable subject matter since the claimed nucleic acids are naturally occurring, encode for naturally occurring human genes, and were discovered by extracting genetic material from human beings. Validity of the method testing claims are also disputed.
October 31, 2014
October 31, 2014
Bill C-43 - New sections of the Patent Act concerning representation by patent agents demand attention. Note: Bill C-43 has received royal assent as of December 16, 2014.
October 29, 2014
October 29, 2014
Blair v Canada (Attorney General), 2014 FC 861 - In coming to its finding of obviousness, the Commissioner determined that while the combination of the elements in the invention as a whole was novel, it did not involve ingenuity since there was a “trend in the art” of installing video systems in a wide variety of transportation systems.
October 28, 2014
October 28, 2014
Commissioner’s Decision # 1355 - Canadian Patent Application No. 2,493,971 on a computerized auction system was rejected for lack of statutory subject matter for being merely an abstract set of rules.
October 27, 2014
October 27, 2014
Dow Chemical Co v NOVA Chemicals Corp, 2014 FC 844 - The Federal Court found that NOVA Chemicals infringed Canadian Patent No. 2,160,705, owned by The Dow Chemical Company, by NOVA’s use of its “SURPASS” polyethylene product. Allegations of invalidity for lack of utility, claims broader than any invention made or disclosed, anticipation, obviousness, double patenting, and insufficiency of the specification were unsuccessful.
October 22, 2014
October 22, 2014
USPTO Office of Enrollment and Discipline: Tracy W. Druce, D2014-13 - Tracy W. Druce, an executive partner at the American IP firm Novak Druce Connolly Bove & Quigg LLP was disciplined for not adequately supervising a non-lawyer assistant
October 20, 2014
October 20, 2014
D’Arcy v Myriad Genetics Inc [2014] FCAFC 115 - The Federal Court of Australia Full Court upheld the validity of Australian Patent No. 686004, which claims an isolated sequence of DNA useful for cancer diagnosis, as qualifying as a “manner of manufacture” and thus patentable subject matter pursuant to section 6 of the Statute of Monopolies.
October 18, 2014
October 18, 2014
Louis Brown et al v HMTQ et al, 2014 FC 831 - Canada successfully argued that the inventor made an untrue material allegation for having not indicated in the patent application that he was a public servant, but whether this would invalidate the patent was considered a genuine issue requiring a trial.
October 17, 2014
October 17, 2014
E Mishan & Sons, Inc v Supertek Canada Inc, 2014 FC 326 - The Federal Court dismissed an infringement claim made by the plaintiffs regarding the sale of self-expanding garden hoses by the defendants because the infringed claims were declared invalid for obviousness.
October 16, 2014
October 16, 2014
Newco Tank Corp v Canada (Attorney General), 2014 FC 287 - The person of ordinary skill in the art was determined to have background knowledge that there was a heat inefficiency problem that the invention seeks to address. The only evidence for this proposition is that it was discussed under the “SUMMARY OF THE INVENTION” heading of the patent.
August 12, 2014
August 12, 2014
Low v Pfizer Canada Inc, 2014 BCSC 1469 - This decision brings one step closer the possibility of wide-ranging, class-based, third-party liability created by patents that are found to be “wrongfully obtained”.
August 11, 2014
August 11, 2014
Teva Canada Limited v Pfizer Canada Inc, 2014 FC 634 - Following an action for damages under s. 8 of the PM(NOC) Regulations, Teva and Pfizer were unable to agree on the quantum of costs or pre- and post-judgement interest.
July 31, 2014
July 31, 2014
Allergan Inc v Apotex Inc, 2014 FC 567 - In terms of claim construction, this case shows the tension between construing claims based solely on the wording of the claims versus peering beyond the wording of the claims to distill an underlying invention.
July 28, 2014
July 28, 2014
SNF Inc v CIBA Speciality Chemicals Water Treatments Limited, 2014 FC 616 - the Court confirmed that “the privilege accorded elsewhere to European patent attorneys does not extend to Canadian litigation.”
July 25, 2014
July 25, 2014
Bauer Hockey Corp v Sport Maska Inc - 2014 FCA 158 - The Court confirmed that punitive damages are available in trade-mark infringement cases, but “[a]llegations of willful and knowing infringement are alone insufficient to support a claim to punitive damages."
July 14, 2014
July 14, 2014
Janssen Inc v Abbvie Corporation, 2014 FCA 176 - The Court held that Janssen has failed to establish unavoidable irreparable harm required to stay the injunction, and characterized the harm claimed by Janssen as “the sort of inconvenience suffered by any party when it must comply with an injunction".
July 4, 2014
July 4, 2014
Enviro Trace Ltd v Sheichuk, 2014 ABQB 381 - The Alberta Court of Queen's Bench held that publicizing trade secrets constitutes irreparable harm and granted an interlocutory injunction.
July 3, 2014
July 3, 2014
Teva Canada Limited v Pfizer Canada Inc, 2014 FCA 138 - The Court held that punitive and exemplary damages cannot be available where the statutory regime underlying the claim explicitly or implicitly precludes them. This is the case under the PM(NOC) Regulations.
July 3, 2014
July 3, 2014
Hospira Healthcare Corporation v Canada (Health), 2014 FC 179 - The Court determined that a pharmaceutical innovator benefiting from data protection has standing where that data protection is challenged.
July 3, 2014
July 3, 2014
Nautilus Inc v Biosig Instruments Inc, No 13-369, 572 US ____ (2014) - On the matter of interpreting the meaning of electrodes in a "spaced relationship with each other", the US Supreme Court held that a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention and remanded the case to the Federal Circuit.