PCK Reporter

November 23, 2015

CAFC to Rehear On-Sale Bar Novelty Case

The CAFC has now granted a petition for a rehearing the case on this issue of whether or not the sale of bivalirudin from the supplier gave rise to an on-sale bar.
November 20, 2015

TPP IP Chapter – Highlights for the Canadian Tech Companies

Broadly speaking, the TPP calls for two things: greater international cooperation and efficiency, and strengthening intellectual property rights across its 12 member states
November 16, 2015

Federal Court Skirts Provincial Property Law and Transfers Patent Ownership

Imperial Oil Resources Ltd v Exxonmobil Upstream, 2015 FC 1218 - The Federal Court has finally stated outright that it has the jurisdiction to vary patent ownership without encroaching upon the realm of provincial contract law.
November 6, 2015

USPTO Design Patent Fee 48% Increase

The USPTO is proposing a 48% increase in government fees to obtain a design patent.
October 7, 2015

Relitigating Conceded Claims is an Abuse of PM(NOC) Proceedings

Gilead Sciences, Inc v Canada (Health), 2015 FC 610 - Gilead's assertion that its patent is valid would be relitigating old issues and an abuse of PM(NOC) proceedings.
October 6, 2015

FCA Nudges SCC to Consider that Claim Construction should be Reviewed on Reasonableness Standard

Abb Technology AG, ABB Inc v Hyundai Heavy Industries Co, Ltd, 2015 FCA 181 - The FCA suggested that although claim construction is reviewed on a correctness standard, claim construction is so heavily reliant on expert witnesses that perhaps it should be reviewed on a palpable and overriding error standard.
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 30, 2015

ONSC Takes On US Patent Claim Construction

OrthoArm Incorporated v GAC International, LLC, 2015 ONSC 5097 - The ONSC was to undertake the analysis that would normally be done at a Markman hearing: to perform claim construction on the US patent and apply that construction to determine whether there is infringement.
September 28, 2015

Reputation Management

A well-organized Reputation Management Plan is now a required tool in any corporation’s communication portfolio. Here are a few ideas that should go into your Reputation Management Plan.
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.