PCK

June 28, 2013

FC Orders Costs Against Teva for Filing a NOA, Triggering PM(NOC) Proceedings

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 621               Eli Lilly sought an Order for costs in connection with the Court’s earlier dismissal […]
June 20, 2013

Federal Court Rules It Has Personal Jurisdiction over Provincial Crown Defendants in Proceedings Seeking Remedies under the Patent Act

Safe Gaming Systems Inc. v. Atlantic Lottery Corporation, 2013 FC 217   Before filing their defences to this patent infringement action, the Defendants moved to strike […]
June 19, 2013

Several Key IP Issues Addressed in the Government’s Response to the INDU Report “Intellectual Property Regime in Canada”

Full text of the government’s response The Honourable Christian Paradis responded on behalf of the Government of Canada to the recommendations made by the Standing Committee […]
June 17, 2013

US Supreme Court Holds Isolated Naturally-Occurring DNA Segments Are Products of Nature and Not Patent Eligible

Association for Molecular Pathology v Myriad Genetics Inc, US SC No 12–398 (2013) - The US Supreme Court must determined that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring.
June 13, 2013

CIPO Reiterates Problem-Solution Approach in New Examination Practice Respecting Medical Uses

Effective June 10, 2013  PN2013-04 This Practice Notice builds upon the guidance in section 17.02.03 (Medical and surgical methods) of MOPOP and in PN 2013-02 (Examination […]
June 13, 2013

SCC Revises its Sildenafil Decision, Withdraws Holding that Pfizer’s Patent Is Void

Teva Canada Limited v. Pfizer Canada Inc. (33951) The Supreme Court has revised its Sildenafil (Viagra) decision (2012 SC 60). The Court granted, in part, Pfizer’s […]
June 7, 2013

ONSC Awards Substantial Indemnity Costs against Apotex in Equitable Disgorgement Case

Apotex Inc. v. Abbott Laboratories, 2013 ONSC 2958 Apotex sought equitable disgorgement of profits of Abbott and Takeda, on the ground of unjust enrichment. Specifically, Apotex […]
June 7, 2013

FC Clarifies Purposive Construction of Product-by-Process Claims

Bayer Inc. v. Cobalt Pharmaceuticals, 2013 FC 573 Bayer sought an order prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) to Cobalt, […]
May 29, 2013

PM(NOC): s. 8 Issues Circumscribed by Antecedent s. 6 Proceeding; s. 6 Claim Construction Binding on s. 8 Proceeding in Absence of Strong Reason to the Contrary

Apotex Inc. v Pfizer Canada Inc. – 2013 FC 493 Apotex claimed damages under s. 8 of the PM(NOC) Regulations on grounds that it incurred a […]
May 29, 2013

New Zealand Moves to Exclude Software “as such” from Patentable Subject Matter

Link to the proposed amendments to the Patents Bill.   Rather than excluding a computer program from being a patentable invention, the amendments clarify that a computer program […]
May 29, 2013

Proposed Patent Quality Improvement Act to Assist US Defendants Facing Spurious Infringement Suits Brought by NPEs

Link to full text of the proposed Act.  The Patent Quality Improvement Act amends the Leahy-Smith America Invents Act to remove the eight-year sunset provision with respect […]
May 22, 2013

English Court of Appeal Applies Symbian and AT&T, Revives Apple’s Multi-touch Patent

HTC v. Apple, [2013] EWCA Civ 451 (Court of Appeals of England and Wales)    Per Kitchin L.J. (Richards L.J. concurring): This appeal was concerned with […]
May 3, 2013

PMPRB’s Copaxone Decision Unreasonable in its Application of s. 85(1) of the Patent Act

Teva Canada Innovation v. Canada (Attorney General), 2013 FC 448 Teva asked the Court to set aside a decision of the Patented Medicine Prices Review Board […]
April 30, 2013

PAB Clarified Sound Prediction and Functional Claim Drafting

Re. Patent Application No. 592,567, CD 1303 The subject application was rejected by the Examiner under section 2 of the Patent Act for containing claims for […]
April 29, 2013

Alberta Court Upholds Anton Piller Injunction

Catalyst Canada Services LP v. Catalyst Changers Inc., 2013 ABQB 73 Pursuant to the Injunction Order, Applicant Defendant Catalyst Changers Inc. (“Changers”) delivered-up two trailer-mounted cyclone […]
April 29, 2013

PAB Clarifies the Requirement of Intention to Protect in a Reissue Application

Re. Patent Application No. 2241368, CD 1333 The patentee submitted an application for reissue of Patent No. 2,241,368 pertaining to improvements in television receivers which provide […]
April 19, 2013

Parliamentary Report Covers Key IP Issues, But Stumbles on Patentable Subject Matter, Omits Key Recommendation on Updating CIPO’s Systems

Parliament’s Standing Committee on Industry, Science and Technology has tabled a report titled “Intellectual Property Regime in Canada”. The Committee was chaired by David Sweet, M.P., […]
April 19, 2013

Summary of CIPO’s Post-Amazon Examination Practice on Computer-Implemented Inventions

Examination Practice Respecting Computer-Implemented Inventions – PN 2013-03 These guidelines build upon the guidance in Chapter 16 (Computer-Implemented Inventions) of the MOPOP and in PN 2013-02 […]
April 19, 2013

CIPO’s Emphasis on the Problem-Solution Approach to Claim Construction Questionable in Canadian Jurisprudence

Examination Practice Respecting Purposive Construction – PN2013-02 Free World Trust and Whirlpool continue to guide the courts, with the benefit of expert testimony and cross-examination, to […]
March 28, 2013

PAB Applies Amazon.com, Finds Method for Updating Navigation Systems Installed in Vehicles Is Patentable Subject Matter

CD 1332, Re. Patent Application No. 2,195,252 entitled "System and Method for Distributing Information for Storage Media" This decision deals with a review by the Commissioner […]