Blog

June 18, 2019

Raptors Win but Trademark still under Claw

The Raptors may have won the NBA championship but they still have a court battle ahead, this time against popular energy drink Monster Energy.
June 11, 2019
Legal textbooks on a shelf

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
June 4, 2019
Pharmaceutical researcher in a laboratory

When Can New Uses for Known Drugs Be Patented?

Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
May 28, 2019
A judge's gavel in front of the UK national flag

PCK IP Lawyers Instrumental in Client’s Defense of Patent Ownership

PCK IP Lawyers LLP represented Netsweeper in patent ownership dispute against Prosyscor in which Netsweeper was successful.
May 21, 2019
T. Andrew Currier

PCK’s Andrew Currier Recognized in the Canadian Legal Lexpert Directory, 2019

As a result of the 2018 Lexpert Survey, Andrew was selected for this year’s directory. “There is no more credible source than Lexpert. Now in its […]
May 9, 2019
Vintage alarm clock with bells

New Patent Rules will Make Reinstatements and Reversing a Patent Expiry More Onerous

Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
May 7, 2019
Abstract three-dimensional design resembling building blocks

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
May 1, 2019
A banker's box filled with files containing evidence

Trademarks and New Evidence on Appeal

2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
April 30, 2019
GUI on a computer monitor showing a stock performance

Stock Trading GUI Falls Short of Patentability Requirements in US

Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 18, 2019
Interview

No More “Phone Tag” at the USPTO

USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.
April 17, 2019
Photograph of several clocks on a wall indicating the time in different time zones.

PCT Filing Deadlines in Canada Soon to be Much Shorter

Shorter Deadlines for PCT Filing in Canada Coming Soon
April 16, 2019
Photograph of stacks of coins

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019
Photograph of a sunset over the trains in a trainyard.

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 10, 2019

Trademark Expungement: Insufficient Evidence of Use and Lack of Dominant Feature

2018 FC 1261 - Trademarks expunged for lack of evidence establishing use, and for using deviants without the dominant features of the trademark design.
April 9, 2019

FCA Confirms Test To Admit New Evidence on Appeal From TMOB

2019 FCA 63 - FCA confirms long standing test for admission of new evidence in judicial review of TMOB decision.
April 5, 2019
Woman standing on a street holding an open binder

Canadian Patent Filing Requirements About To Change

Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
April 4, 2019
White and blue pharmaceutical pills scattered on a surface

Actions Under Old PM(NOC) Regime Not Automatically Applicable to the New

2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
April 3, 2019
Researcher holding a petri dish in gloved hands

Method of Medical Treatment Patents in Danger?

Hikma Pharmaceuticals v. Vanda Pharmaceuticals, SCOTUS Docket No. 18-817 - The beginning of the end for method of treatment patents?
April 2, 2019
Coleen Morrison

Coleen Morrison Recognized by Who’s Who Legal: Trademarks 2019

PCK's Coleen Morrison is recognized by Who's Who Legal.
March 27, 2019
Start-up founders discussing business around a table with a laptop

PCK Extends In-Kind IP Services to Velocity Fund Finals $25K Winners

Velocity and PCK IP will once again work together to support Velocity Fund Finals $25K winners.