Patent Strategy Archives - Page 3 of 4

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May 8, 2018

ONSC Educates an Inventor on the Difference Between Obtaining a Patent and Maintaining a Trade Secret

2017 ONSC 7276 - The ONSC found that Rowland's statement of claim did not disclose a reasonable cause of action with regard to the allegation that his "trade secret" was stolen.

January 16, 2018

Federal Court Rejects Apotex’s Judicial Review Application for Apo-Omeprazole Magnesium Tablets

2017 FC 857 - The Federal Court upheld the Minister of Health’s decision to cancel reconsideration for Apo-Omeprazole Magnesium Tablets manufactured by Apotex Inc. This is yet another failed attempt by Apotex to obtain approval for the magnesium tablet form of its anti-ulcer drug.

September 5, 2017

Canada’s Federal Court Confirms it has Exclusive Jurisdiction to Amend an Issued Patent

2016 FC 229 - The FC heard and granted an uncontested application by Novartis, pursuant to sections 31(3) and 52 of the Patent Act, to vary all entries in the records of the Patent Office with regards to the inventorship of a Canadian Patent.

August 15, 2017

Federal Court Rejects Bayer’s Request for Corrected Priority Date

2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.

July 18, 2017

Federal Court of Canada Dismisses Motion for Interlocutory Injunction and Orders Security for Costs

2016 FC 606 - The FC dismissed TearLab’s application for an interlocutory injunction preventing I-MED from selling its i-Pen System, and ordered TearLab to pay security for costs.

May 23, 2017

SCOTUS Lands a Blow Against Patent Trolls by Limiting Patent Litigation Venues

581 U.S. ___ (2017) - SCOTUS reaffirmed one of its previous holdings to find that the proper venue for bringing a patent infringement suit against a domestic corporation is either where the defendant resides, or where the defendant has committed acts of infringement and has a regular place of business.

May 9, 2017

Apotex’s Claims for Damages for Delayed Market Entry Allowed to Proceed

2017 ONSC 224 - Apotex sought compensation from Eli Lilly for damages suffered for delayed entry to the market for its generic version of olanzapine; the ONSC ordered Eli Lilly to pay Apotex a total of $20,000.

April 25, 2017

Federal Court finds foreign, non-exclusive licensee entitled to damages

2016 FC 593 - The FC awarded Janssen Canada and Janssen US almost $19 million in total damages for Teva's infringement of a Japanese entity's patent, for which Janssen US had never even exercised its licence in Canada.

April 11, 2017

FC Determines Improper Priority Claims Are Not Untrue Material Allegations

2016 FC 320 - The FC found that many of the claims in Uponor’s patent were invalid, rejected the untrue material allegation argument and found that several of the remaining claims were infringed by Heatlink and Pexcor.

March 23, 2017

Canadian 2017 Budget Plan: A Focus on Innovation and IP

2017 Budget Plan - The Canadian Federal Government announced its Budget Plan for 2017, which proposes a number of positive changes to the Canadian intellectual property regime.

March 10, 2017

Federal Court implies that it only has jurisdiction to expunge or vary titles to patents, not record documents to them

2016 FC 1092 - The FC heard and granted an order to vary the records of the Patent Office for Canadian Patent No. 2,630,594, but refused to order the recording of documents to it.

March 7, 2017

FC Removes Named Inventor from Patent Without Evidence That Remaining Named Individuals are the Only Inventors

2016 FC 499 - The FC allowed the removal of a named co-inventor from Canadian Patent No. 2,860,309, without requiring strict evidence that the remaining named individuals were the only inventors.

February 14, 2017

FC Determines Use of Xpresspost(TM) is Delivery to a Designated Establishment

2016 FC 517 - The FC held that patent applicants and holders using Xpresspost(TM) need only submit correspondence for CIPO to a Canada Post location by the deadline, rather than ensure physical delivery is completed by the deadline. The decision saved Biogen’s response to a requisition in a conflict proceeding from being deemed abandoned.

October 24, 2016

3D Printing Will Rock the World of IP: The ITC Admits Defeat and Allows the Importation of Digital 3D Models

The ITC finally dropped its investigation against the dental equipment manufacturer ClearCorrect. The move comes long after the ITC lost a legal battle that decided that the ITC does not have the power to police the importation of digital data, even where that digital data is being used to 3D-print a patented product in the United States.

August 24, 2016

PCK StartIP Series: 2 – Patent Grace Periods; A Way for a Lean Startup to Defer Patent Filing Costs

Provisional patent applications are the traditional way that a lean startup can obtain some preliminary patent protection at reasonable cost while they accelerate product development and […]

April 26, 2016

PCK StartIP Series: 1 – Patent Budgeting for Lean Startups

We have prepared a guide that outlines the timelines and major spend points for two common patent filing strategies: a global patent filing and US-only patent filing.

February 22, 2016

Intellectual Property Services Buyer’s Guide

There are a lot of IP service providers out there. In this post I attempt to provide some guidelines for helping companies to assess IP counsel and choose the right one.

October 2, 2015

United States adopts Divided Infringement Test

Akamai Technologies, Inc, v Limelight Networks, Inc, 09-1372 - The CAFC held that where more than one actor is involved in infringing the steps in a patent, one of the actors can be held liable for the entirety of the infringement if that actor “directs or controls the other’s performance.”

September 22, 2015

Crafting a Suitable IP Strategy – Tips from the Pros!

Many startups are basing their business plans and valuations on their innovation; patents and industrial designs can be the most valuable asset of the company. One of the best strategies to secure protection for your innovation involves the filing of a self-written provisional patent application. On October 21, beginning at 5 p.m., PCK will be providing a hands-on session in which founders can learn the basics of patents from Andrew Currier.

August 10, 2015

Patent Royalties Restricted to Term of the Patent by SCOTUS

Kimble et al v Marvel Entertainment, LLC, 576 U.S. ____ (2015) - The U.S. Supreme Court upheld the 50 year old rule from Brulotte v Thys Co, 379 US 29, that prohibits royalties from being charged on formerly patented products after the patent has expired.