PCK Reporter

March 30, 2016

FCA Nods To SCOTUS, Recommends The Use Of The Clear Error Standard Of Review In Claim Construction Where Expert Evidence Plays A Significant Role

2015 FCA 116 - The FCA advised that where expert evidence plays a significant role, claim construction might involve subsidiary factual disputes reviewed on a palpable and overriding error standard, which is equivalent to the United States clear error standard.
March 28, 2016

Utility For A Pharmaceutical Patent Must Relate To How It Is Used, Not Simply to Its Properties

PAB 1384 - If a pharmaceutical patent is construed to make a promise, then that promise must relate to how the invention will ultimately be used – not simply to the properties of the pharmaceutical itself.
February 26, 2016

Provisional Patent Application Contradicts Formal Patent, Invalidates Claims for Indefiniteness

The CAFC took issue with inconsistent statements between a provisional patent application and the subsequent formal patent and invalidated a number of the patent’s claims for being indefinite.
February 22, 2016

Intellectual Property Services Buyer’s Guide

There are a lot of IP service providers out there. In this post I attempt to provide some guidelines for helping companies to assess IP counsel and choose the right one.
February 17, 2016

Data Protection Provisions Block Post-Filing NDS Amendments for Generic Drug

2015 FC 1205 - A quirk in the PM(NOC) rules was resolved that could make the entry of generics into the market even slower if the generic tries to make post-filing amendments to its application.
February 10, 2016

FCA Endorses Non-Infringing Alternatives as a Relevant to Patent Damages

2015 FCA 171 - The FCA determined that it is relevant to damages whether the infringer had a non-infringing alternative that it could have used.
February 10, 2016

FCA Upholds Claim-by-Claim Construction and Test for Functionality in Industrial Designs

2015 FCA 115 - The FCA restated the law on functionality of industrial designs and the requirement that patent claims be construed on a claim-by-claim basis.
November 30, 2015

FCA: Generic pharmaceuticals also subject to price regulation

2015 FCA 249 - The Federal Court of Appeal clearly stated that the price regulation provisions apply not only to literal patent holders, but also to exclusive licensees of patents.
November 23, 2015

CAFC to Rehear On-Sale Bar Novelty Case

The CAFC has now granted a petition for a rehearing the case on this issue of whether or not the sale of bivalirudin from the supplier gave rise to an on-sale bar.
November 20, 2015

TPP IP Chapter – Highlights for the Canadian Tech Companies

Broadly speaking, the TPP calls for two things: greater international cooperation and efficiency, and strengthening intellectual property rights across its 12 member states