2017 FCA 9 - The FCA affirmed the FC decision that AstraZeneca’s patent was valid and infringed, accepted Apotex’s appeal with respects to limitation periods, and rejected AstraZeneca’s cross-appeal regarding punitive damages.
2016 FC 320 - The FC found that many of the claims in Uponor’s patent were invalid, rejected the untrue material allegation argument and found that several of the remaining claims were infringed by Heatlink and Pexcor.
PAB 1394 - The Patent Appeal Board rejected the “Home Health Point-Of-Care and Administration System” disclosed in Canadian Patent Application No. 2,579,081 for being obvious to a person skilled in the art.
2016 FC 435 - In this industrial design case, the FC commented that the more crowded the field, the smaller the degree of difference required to evade the protection afforded by existing registrations.
2016 FCA 119 - The FCA dismissed the appeal, which alleged that Canadian Patent No. 2,226,784 was invalid on the basis of obviousness-type double-patenting and for lack of utility due to no sound prediction. As a result, the ‘784 patent was upheld.
PAB 1408 - The Canadian version of one of the computer-implemented financial services patent applications from the famous U.S. case on software patent eligibility, Alice Corp v CLS Bank International, 573 U.S. __, 134 S. Ct. 2347 (2014), was rejected for lack of patentable subject matter.
PAB 1407 - The PAB rejected the computer-implemented data analytics patent application of Canadian Patent Application No. 2,798,566, entitled “Identified Customer Reporting”, for lack of statutory subject matter, since no physical feature – no computing device – was found to be essential to the claims.
In Re Smith, (Fed. Cir. 2015-1664) - A patent application for a variation on the blackjack game was rejected as unpatentable after the CAFC applied the two-step test for patentable subject matter from Mayo and Alice.