Gillian Burrell

May 4, 2021
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Ontario Court Varies Terms of Injunction to Preserve “Status Quo”

2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.
April 22, 2021
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US Supreme Court Sides With Google to End Oracle’s Monopoly Over Java

No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.
March 30, 2021
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Draft Regulations for the College Act: A Review and a Warning

Draft regulations for the College of Patent Agents and Trademark Agents pose an alarming concern for patent agents dual qualified before the USPTO and CIPO.
October 27, 2020
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FCA Upholds Largest Patent Infringement Award in Canadian History

2020 FCA 141: Court warns judges not to be "spooked" by the enormous sums that may be calculated in an accounting of profits for patent infringement.
October 5, 2020
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Federal Court Cannot Designate Standard-Essential Patents

T-1686-18: Canada's Federal Court has clarified that it does not have jurisdiction to designate Standard-Essential Patents.
April 28, 2020
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COVID-19: Cost Management Strategies for Patent Applicants

Cost management strategies that won't devalue your patent portfolio. Plus: don't miss the April 29th deadline for the Innovation Assistance Program (IAP)!
April 16, 2020
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Prima Facie Obviousness Established From Similar Compounds, Overlapping pH

Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
April 3, 2020
An empty boardroom.

COVID-19: Time Extensions for Patents & Trademarks in North America

In this article, we explain how the intellectual property offices in Canada and the United States are responding to the COVID-19 pandemic.
March 18, 2020
Team of inventors wearing white lab coats in a laboratory.

Federal Court Removes Inventors from Four Patents

2020 FC 338 – The Court concluded that the six individuals were listed as inventors “by inadvertence in the process of the division.”
March 9, 2020
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Contested Remicade Patent Will Head Back to Court in June

2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.