PCK Reporter

October 29, 2014

Federal Court Rejects Subway Video Advertising Patent for Obviousness

Blair v Canada (Attorney General), 2014 FC 861 - In coming to its finding of obviousness, the Commissioner determined that while the combination of the elements in the invention as a whole was novel, it did not involve ingenuity since there was a “trend in the art” of installing video systems in a wide variety of transportation systems.
October 28, 2014

Commissioner Upholds Rejection of Patent on Computerized Auction System

Commissioner’s Decision # 1355 - Canadian Patent Application No. 2,493,971 on a computerized auction system was rejected for lack of statutory subject matter for being merely an abstract set of rules.
October 27, 2014

Expert witnesses proven to be pivotal in Dow Chemical patent infringement suit

Dow Chemical Co v NOVA Chemicals Corp, 2014 FC 844 - The Federal Court found that NOVA Chemicals infringed Canadian Patent No. 2,160,705, owned by The Dow Chemical Company, by NOVA’s use of its “SURPASS” polyethylene product. Allegations of invalidity for lack of utility, claims broader than any invention made or disclosed, anticipation, obviousness, double patenting, and insufficiency of the specification were unsuccessful.
October 22, 2014

Novak Druce Executive Partner Suspended from USPTO for 2 years for Inadequately Supervising Non-Lawyer Assistant

USPTO Office of Enrollment and Discipline: Tracy W. Druce, D2014-13 - Tracy W. Druce, an executive partner at the American IP firm Novak Druce Connolly Bove & Quigg LLP was disciplined for not adequately supervising a non-lawyer assistant
October 20, 2014

Australian Federal Court Upholds Patentability of Isolated DNA Sequences, Parts Ways with Supreme Court of the United States

D’Arcy v Myriad Genetics Inc [2014] FCAFC 115 - The Federal Court of Australia Full Court upheld the validity of Australian Patent No. 686004, which claims an isolated sequence of DNA useful for cancer diagnosis, as qualifying as a “manner of manufacture” and thus patentable subject matter pursuant to section 6 of the Statute of Monopolies.
October 18, 2014

Federal Court Holds Failure to Disclose Public Servant Status in Patent Application is an Untrue Material Allegation

Louis Brown et al v HMTQ et al, 2014 FC 831 - Canada successfully argued that the inventor made an untrue material allegation for having not indicated in the patent application that he was a public servant, but whether this would invalidate the patent was considered a genuine issue requiring a trial.
October 17, 2014

Federal Court Invalidates Patent on Infomercial Garden Hose

E Mishan & Sons, Inc v Supertek Canada Inc, 2014 FC 326 - The Federal Court dismissed an infringement claim made by the plaintiffs regarding the sale of self-expanding garden hoses by the defendants because the infringed claims were declared invalid for obviousness.
October 16, 2014

Federal Court Upholds Re-examination Board’s Decision Invalidating Waste Heat Recycling Claims

Newco Tank Corp v Canada (Attorney General), 2014 FC 287 - The person of ordinary skill in the art was determined to have background knowledge that there was a heat inefficiency problem that the invention seeks to address. The only evidence for this proposition is that it was discussed under the “SUMMARY OF THE INVENTION” heading of the patent.
August 12, 2014

Wrongfully-obtained Patents One Step Closer to Creating Potential Class Action Liability

Low v Pfizer Canada Inc, 2014 BCSC 1469 - This decision brings one step closer the possibility of wide-ranging, class-based, third-party liability created by patents that are found to be “wrongfully obtained”.
August 11, 2014

Federal Court Assess Damages, Settles Pre- and Post-judgement Interest in PM(NOC) Case

Teva Canada Limited v Pfizer Canada Inc, 2014 FC 634 - Following an action for damages under s. 8 of the PM(NOC) Regulations, Teva and Pfizer were unable to agree on the quantum of costs or pre- and post-judgement interest.