PCK Reporter

July 10, 2018
obviousness

Federal Court of Appeal Provides Further Guidance on Obviousness

2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.
June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.
June 7, 2018
obviousness

IAM Patent 1000 – The World’s Leading Patent Professionals 2018

IAM Patent 1000 recognizes the sharp, streamlined support Perry + Currier Inc. provides, along with its other achievements and advancements.
May 24, 2018
obviousness

Federal Court Rejects PMPRB’s Approach to “Invention Pertains to Medicine” Analysis

2017 FC 1023 - The FC quashed a decision of the PMPRB, reasoning that the PMPRB failed to apply the correct test: reviewing the patent as a whole and determining what the invention was.
May 8, 2018
obviousness

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.
April 3, 2018
obviousness

Non-Infringing Alternative Defence Denied in Omeprazole Infringement Profit Case

2017 FC 726 - The FC held that Apotex did not satisfy the factual burden required to establish a hypothetically viable non-infringing substitute during the period of infringement, which could reduce the infringement profits owed to AstraZeneca.
February 23, 2018
obviousness

Five Reasons Why Men (Yes, Men) Should Join the IPO Women in IP Committee

Andrew Currier, CEO of Perry + Currier Inc. offers five reasons why men should join the IPO Women in IP Committee.
January 16, 2018
obviousness

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.
January 9, 2018
subject matter

Call Processing System Patent Rejected for Lack of Statutory Subject Matter and Obviousness

PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
January 2, 2018
obviousness

Federal Court of Appeal Confirms Issued Patents cannot be Invalidated by Underpayment of an Administrative Fee

2017 FCA 201 - The FCA upheld the FC’s ruling against Apotex, that Pfizer's failure to pay the proper final fee for the issuance of a Canadian patent will not invalidate the patent.