Patent

November 14, 2019
Photo of the interior of an airplane cabin, showing a row of seats.

Airbus Gets Another Shot at Patent for “Breathable Fire-Preventative” Air

Fed. Cir. 2019-1803 – CAFC sides with Airbus, finding that prior art references may be analogous even if they are outside the "field of endeavour."
October 28, 2019
Flax seeds (or linseeds)

Foreign Prosecution History is Now Admissible in “Extraordinary Circumstances”

2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
October 11, 2019
Close up photo of an automotive hub cap and tire of a car.

Automotive Patent Overturned As “Monstrous” §101 Grows Another Head

CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
September 20, 2019
Macro (close-up) photo of a hazel coloured human eye, eyelashes, and eyelid.

Allergan’s Glaucoma Patents Saved by “Wherein” Clauses

CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
September 13, 2019
Fibre optic cable photographed in the dark

Patent Specification Interpreted as Admission of Common General Knowledge

2019 FC 1065 – Canada's Federal Court ruled that two fiber optics patents were obvious in light of an admission made in the background sections.
September 6, 2019
A Coke being poured from a plastic bottle into a glass with ice.

Pepsi Wins Squabble Over Scent-Releasing Trade Secrets

CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.
August 30, 2019
Woman rubs medicinal cream on her skin

Canadian Drug Pricing Regulator Ordered to Reconsider Differin

2019 FCA 196 – In an ongoing dispute between the PMPRB and Galderma, the FCA says the drug pricing regulator erred in its interpretation of the law.
August 23, 2019
A busnisess's empty board room with desk chairs and a table.

What Can Businesses Expect From the US Patent Reforms?

A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
July 22, 2019
Photo of a contract or license being signed.

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”
July 18, 2019
Mail, Postal service

US Postal Service Prohibited from Challenging Mail Sorting Patent

SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 11, 2019
SCOTUS, the supreme court of the United States

US Supreme Court Asked to Resolve “Fundamental State of Disorder” in the Patent System

A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial treatment of patents and fix the US patent system.
July 8, 2019
Computer server, cables, fiber optic cables, electronics, hardware

Federal Circuit Reinstates Software Patents in Favour of Alleged Patent Troll

The CAFC reminds lower courts that software patents are valid where they claim a particular improvement in how the outcome is achieved.
July 2, 2019
Vials containing pharmaceuticals (drugs)

Oxymorphone Patent Is Not Obvious, Federal Circuit Confirms

CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”
June 11, 2019
Legal textbooks on a shelf

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
June 4, 2019
Pharmaceutical researcher in a laboratory

When Can New Uses for Known Drugs Be Patented?

Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
May 28, 2019
A judge's gavel in front of the UK national flag

PCK IP Lawyers Instrumental in Client’s Defense of Patent Ownership

PCK IP Lawyers LLP represented Netsweeper in patent ownership dispute against Prosyscor in which Netsweeper was successful.
May 9, 2019
Vintage alarm clock with bells

New Patent Rules will Make Reinstatements and Reversing a Patent Expiry More Onerous

Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
May 7, 2019
Abstract three-dimensional design resembling building blocks

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 30, 2019
GUI on a computer monitor showing a stock performance

Stock Trading GUI Falls Short of Patentability Requirements in US

Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 18, 2019
Interview

No More “Phone Tag” at the USPTO

USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.