PCK Reporter

October 1, 2013

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

Re: Patent Application No. 2,248,228  [CD 1340] Background The Commissioner of Patents reviewed the decision of the PAB relating to patent application 2,248,228 entitled ‘METHOD OF […]
October 1, 2013

PAB Holds Computer-Implemented Method of Standardizing Bills of Resources Not Patentable Subject Matter

Re. Patent Application No. 2,304,195, CD 1338 This decision was a review by the Patent Appeal Board (PAB) of the final rejection of patent application no. […]
October 1, 2013

PAB Declares Patent Invalid on Basis of Obviousness, Lack of Inventiveness, and for Having an Indefinite Scope

Re: Patent Application No. 2,285,834 [CD 1337] Background The Patent application 2,285,834 was filed on October 13, 1999 based on a US priority application no. 09/182,020 filed on […]
September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background  In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]
September 20, 2013

Brushpoint Innovations Inc. Found not to have Breached Settlement Agreement by Purchasing and Selling Outside of the Jurisdiction Covered by the Settlement Agreement

The Procter & Gamble Company, Procter & Gamble Inc. v Brushpoint Innovations Inc. [2013 ONSC 5747]   Background In the fall of 2012 the applicants sued […]
September 16, 2013

Apotex’s Unjust Enrichment Claim Fails Based Upon Operation of the PM(NOC) Regulatory Regime

Apotex Inc. v Abbot Laboratories Ltd. Takeda Pharmaceuticals Company Ltd. And Takeda Pharmaceuticals America Inc.  2013 ONCA 555   Apotex appealed the dismissal of its unjust […]
September 16, 2013

FC Holds Two ABB Electro-Mechanical Patents Obvious in View of State of the Art

ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd.- 2013 FC 947 This action relates to the alleged infringement of two patents held by ABB  […]
August 21, 2013

FC Clarifies “Duty of Candor” in Canadian Patent Prosecution Practice

Varco Canada Ltd. et al v. Pason Systems Inc. et al – 2013 FC 750 This action relates to the infringement of Varco’s Canadian Patent No. […]
August 14, 2013

FC Holds the Liability Phase of a Bifurcated Trial Is Concluded Even If Judge Defers Deciding Some Liability Issues to the Quantification Phase

Eli Lilly Canada Inc. v. Novopharm Limited – 2013 FC 677 Per Prothonotary Tabib: In this motion Teva sought to amend its Statement of Defence and […]
July 29, 2013

FCA Upholds the Plavix Patent, Reverses Lower Court’s “Promise of Patent” and “Obvious to Try” Analyses

Sanofi-Aventis v. Apotex Inc. – 2013 FCA 186 Per Pelletier J.A. (Noel J.A. concurring): Apotex attempted to market a generic version of clopidogrel bisulfate (clopidogrel), sold […]