Fed. Cir. 2021-2063, 2021-2065: Sales of a product can be used to prove the inventiveness of a patent, but a US court warns that free samples are not relevant to patentability.
US Supreme Court, No. 22-148: Parodies are generally immune from trademark infringement, but how much can you spoof? Jack Daniels hounded a dog toy company for making a copycat toy.
Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
After a recent announcement, the profession is caught between the College of Patent Agents and Trademark Agents and the Intellectual Property Institute of Canada.
Fed. Cir. No. 2021-2320, 2021-2376: Typically patent drafters omit phrases like “at least one” from patent claims to improve readability, but a recent court decision may reverse the trend.
Most major countries in the world, including the USA and China, require innovators to secure a “foreign filing license” before they can seek patent protection in a foreign country. Canada has no such regime, but perhaps it's time.
CAFC No. 22-1595: In this precedential decision on induced infringement, the Federal Circuit clarified that “past conduct is relevant to what will happen in the future”.
Starting on February 1st, the US Patent and Trademark Office (USPTO) will offer accelerated examination for patent applications aimed at preventing cancer and cancer mortality.
The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
2022 SCC 43: The Supreme Court of Canada handed down a decision that awards Dow Chemical $644 million—the largest monetary offering in a Canadian patent lawsuit.