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Thoughts on the future of patent & trademark, from the people and teams creating it.

Federal Court of Appeal Restricts Admissibility of Foreign Prosecution History

2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US (...)

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Quebec Court Finds New Drug Pricing Rules Tip Constitutional Scale

2020 QCCS 4541: Court held that forthcoming amendments to the Patented Medicines Regulations are unconstitutional and infringe on provincial powers. (...)

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Less Baggage: Trademark Registration Later Expunged Will Not Be Liable for Prior Damages

2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement (...)

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Written Description Particularly Important if Amending Claims in Response to Competitor

Fed. Cir. 2018-1779: A patent for testing fetal DNA was found to be unpatentable because the claims were not fully (...)

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Federal Court Finds Patent Obvious in Summary Judgment

2020 FC 997: In a summary judgement for patent impeachment, Canada's Federal Court found a patent for heating hydraulic booms (...)

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Official Marks Not Immune to Infringement Claims

SCC 39144 : Supreme Court of Canada confirms an appellate ruling which found that, while official marks cannot eliminate rights (...)

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