PCK Reporter

February 3, 2015

ONCA Preserves Protection of Discussions between Expert Witnesses and Lawyers

Moore v Getahun, 2015 ONCA 55 - The Court referred to UK authorities that described patent law as an example of a highly technical area where “expert witnesses require a high level of instruction by the lawyers”, supposedly to liken the highly technical area of patent law to the highly technical area of medical malpractice with respect to its reliance on expert evidence.
January 27, 2015

TMOB Removes Investment Advice from Atticus’s List of Services

Atticus Canada Inc v Atticus Management LLC, 2014 TMOB 196 - Evidence of trade-mark use consisting of copies of license agreements allowing Atticus Capital LP to use the Mark was taken to demonstrate use in association with financial services generally, but not in association with investment advice.
January 23, 2015

Patent for using a Short Needle for Intradermal Delivery for Vaccinations Rejected for Obviousness

Commissioner’s Decision # 1371 - The Commissioner refused to grant GlaxoSmithKline’s patent application for an “influenza vaccine formulation for intradermal delivery” due to obviousness since there was always a motivation to use the ID route, but it had always been impractical until the advent of a short needle device.
January 20, 2015

SCOTUS Asks Solicitor General’s Advice on Whether to Hear Google’s Java API Copyright Case

Google, Inc v Oracle America, Inc, 14-410 - This case would put at issue whether Java’s method headers are subject to copyright protection, or whether they are excluded by Section 102(b) of the Copyright Act for being a system or method of operation.
January 13, 2015

Commissioner Finds Non-Invasive Virtual Reality Training System to be Inventive

Commissioner’s Decision # 1372 - The Patent Appeal Board reversed an examiner’s finding of obviousness for Canadian Patent Application No. 2,554,498, which discloses a virtual reality simulator for training users in the skill of welding.
January 8, 2015

Commissioner Approves eBay’s Automated Email Notification Patent

Commissioner’s Decision # 1369 - Two elements of the invention were found to be inventive: (1) the “push” process for keeping status information up-to-date, and (2) the automatic notification system that automatically sends an email message only when a delivery status has changed.
December 23, 2014

Bill C-8 Expands Counterfeit Goods Enforcement and Reworks the Trade-marks Act

Bill C-8 is said to broaden the enforcement measures available to protect copyright and trade-mark rights and to curtail commercial activity in counterfeit goods, and is said to expand the scope of what can be registered as a trade-mark and modernizes the trade-mark application and opposition process. Several definitional changes are also made to key terms in the Trade-marks Act.
December 22, 2014

Industry Canada to Amend PM(NOC) Regulations Respecting Patents Listed for Combination Drugs

The proposed amendments are said to clarify the patent listing requirements as they relate to single medicinal ingredients found in combination drugs and confirm Health Canada’s established practices which, in light of recent Federal Court and Federal Court of Appeal decisions, may need to change.
December 19, 2014

Section 52 of Patent Act used to Add Inventors to a Patent after an Omission due to Misunderstanding of Canadian Law

Dr Falk Pharma GMBH v Canada (Commissioner of Patents), 2014 FC 1117 - Pursuant to section 52 of the Patent Act, the Federal Court ordered that the Commissioner of Patents add Peter Gruber to the list of inventors for Canadian Patent No. 2,297,832. Dr. Falk Pharma GMBH, the applicant and owner of the patent, inadvertently omitted Gruber’s name from the list of inventors.
December 18, 2014

NSCA Draws Distinction Between Ordering Patent Assignment and Ordering a Transfer of Interest

Bardsley v Stewart, 2014 NSCA 106 - The Court found that the order was fair as it was merely ordering that Bardsley transfer his interests in the ‘770 Application to the extent possible, thus stopping just short of ordering assignment.