PCK Reporter

July 16, 2013

PAB Applies Amazon, Finds a Computer-Implemented Method of Communicating the Cost of Insurance to Be Patentable Subject Matter

Re. Patent Application No. 2,344,781, CD 1336 This is an Appeal Board decision regarding patent application number 2,344,781 entitled "Monitoring System for Determining and Communicating a […]
July 11, 2013

PAB Applies Amazon, Finds a Tax Calculation System to Be Patentable Subject Matter

Re. Patent Application No. 2306540, CD 1334 This patent application concerned the tracking of required payments or refunds of value added taxes for mailpieces. The Final […]
July 3, 2013

FC Construes Claim, Holds “a” Means “one”

Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. – 2013 FC 616 This action concerns allegations of infringement of two Canadian Patents No. 2,258,064 (064 […]
July 3, 2013

FC Gives Rule 3.1 a Liberal Interpretation, Reverses CIPO’s Decision Refusing National Phase Entry Due to Insufficient Fees

Karolinska Institutet Innovations AB v. Attorney General of Canada, 2013 FC 715 The Applicant attempted to file a patent application with the Canadian Intellectual Property Office […]
July 3, 2013

In Echo of SCC’s Sildenafil Decision, the US CAFC Upholds Invalidation of Claims to a Family of Compounds for Non-enablement

Wyeth v. Abbot Labs (Fed. Cir. 2013) Wyeth appealed from the U.S. District Court for the District of New Jersey’s grant of summary judgment that claims […]
July 3, 2013

ONCA Holds Pre-contractual Expenses Are Recoverable Only If the Parties Reasonably Contemplated that the Expenses Would Likely Be Wasted In the Event of Breach

PreMD Inc. v. Ogilvy Renault LLP, 2013 ONCA 412 This appeal and cross-appeal concerned the measure of damages for Ogilvy’s negligence and breach of contract in […]
June 28, 2013

FC Orders Costs Against Teva for Filing a NOA, Triggering PM(NOC) Proceedings

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 621               Eli Lilly sought an Order for costs in connection with the Court’s earlier dismissal […]
June 20, 2013

Federal Court Rules It Has Personal Jurisdiction over Provincial Crown Defendants in Proceedings Seeking Remedies under the Patent Act

Safe Gaming Systems Inc. v. Atlantic Lottery Corporation, 2013 FC 217   Before filing their defences to this patent infringement action, the Defendants moved to strike […]
June 19, 2013

Several Key IP Issues Addressed in the Government’s Response to the INDU Report “Intellectual Property Regime in Canada”

Full text of the government’s response The Honourable Christian Paradis responded on behalf of the Government of Canada to the recommendations made by the Standing Committee […]
June 17, 2013

US Supreme Court Holds Isolated Naturally-Occurring DNA Segments Are Products of Nature and Not Patent Eligible

Association for Molecular Pathology v Myriad Genetics Inc, US SC No 12–398 (2013) - The US Supreme Court must determined that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring.