PCK Reporter

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.
July 5, 2015

ONSC Orders Inspection and Photographs of One-of-a-Kind Home in Copyright Infringement Case

Tan-Jen Ltd v Di Pede, 2015 ONSC 3685 - In a copyright infringement case regarding supposedly one-of-a-kind design moulds for a home's exterior, the Court allowed inspection of the property for valuation purposes and refused a request to keep the court proceedings closed from the public.
June 30, 2015

Writing Provisional Software Patent Applications

In the age of the “Lean Startup” $100,000 can be enough to get a startup well off the ground. However, with such tight budgets and limited funding there is often not much room left to pay a professional patent agent several thousand dollars to draft your patent application. This article provides some pointers on how to draft your own provisional software patent application.
June 30, 2015

ABQB Upholds Patent Assignment from Employee Despite Partially Unpaid Salary

Groves v Canasonics Inc, 2015 ABQB 314 - After a falling out between a director and Canasonics Inc., the former director sought to ensure that any intellectual property in critical unpatented tools remained his own, and sought to reverse the transfer of a number of patents that he had already assigned to the company.
June 29, 2015

Corporate Restructuring Fails to Avoid Injunction for Trade-mark Infringement

Agros Trading Confectionery SPZOO v K-Max Corp, 2015 ONSC 3166 - This case is an example of one company, who was sued for trade-mark infringement, attempting to evade the court ruling by incorporating a new company to continue selling the infringing products. Even though the infringement was taking place under new companies, infringers were still bound by an injunction preventing them from selling the infringing goods.
June 27, 2015

Patent on Airport Security Trays Proven to have a Surprising Impact on Airport Efficiency

CD 1377 - Security Point Media's patent on “Advertising Trays for Security Screening” was found to be nonobvious considering a number of factors, such as the impact of the invention on the industry.
May 26, 2015

Interlocutory Injunction Upheld by FCA in Trade-mark Infringement Case

Jamieson Laboratories Ltd v Reckitt Benckiser LLC, 2015 FCA 104 - The FCA upheld an interlocutory injunction preventing Jamieson Laboratories Ltd. from selling its omega-3 fatty acid supplements under the name “OMEGARED”. The injunction was awarded largely because of the finding that Jamieson had strategically rebranded its product line from “Super Krill” To “Omega Red” in order to frustrate the entrance of Reckitt’s “MEGARED” product line into the Canadian market.
May 23, 2015

FCA Upholds Rejection of a Motion for Particulars to Rebut Industrial Design Proprietorship

Imperial Manufacturing Group Inc v Decor Grates Incorporated, 2015 FCA 100 - Faced with the rebuttable presumption that Decor was the proprietor of the industrial design, it was on the plaintiff to adduce evidence to the contrary, not to fish for the supporting facts from Decor during pleadings.
May 21, 2015

FCA Upholds Gilead Product Specificity Requirement

ViiV Healthcare ULC v Teva Canada Limited, 2015 FCA 93 - The FCA confirmed that paragraph 4(2)(a) of the Patented Medicines (Notice of Compliance Regulations) requires that a patent listed on the register requires an “exacting threshold of specificity” between what is claimed in the patent and what has been approved in the Notice of Compliance. However, proposed amendments to the PM(NOC) Regulations would reverse this holding.
May 20, 2015

This new TLD really .sucks

As of June 1, 2015, the sunrise period for registered trademark owners to purchase one of the new .sucks domains will end, and the ability for anyone to register a .sucks domain will begin.