Osman Ismaili

September 18, 2018
obviousness

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 13, 2018
obviousness

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
September 11, 2018
obviousness

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

2018 FC 853 - The Federal Court allowed Swatch AG’s appeal of a decision of the Registrar of Trade-marks allowing Hudson Watch Inc’s opposition to Swatch’s registration of its “iSWATCH” mark.
August 28, 2018
obviousness

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
3rd edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 24, 2018
obviousness

FCA Affirms Patent Application is “Dead” Following Failure to Respond to Requisition

2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
July 10, 2018
obviousness

Federal Court of Appeal Provides Further Guidance on Obviousness

2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.
June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.
June 7, 2018
obviousness

IAM Patent 1000 – The World’s Leading Patent Professionals 2018

IAM Patent 1000 recognizes the sharp, streamlined support Perry + Currier Inc. provides, along with its other achievements and advancements.
May 24, 2018
obviousness

Federal Court Rejects PMPRB’s Approach to “Invention Pertains to Medicine” Analysis

2017 FC 1023 - The FC quashed a decision of the PMPRB, reasoning that the PMPRB failed to apply the correct test: reviewing the patent as a whole and determining what the invention was.