Article

July 19, 2019
dead end

Ontario Court Backs American Decision to Penalize Online Counterfeiter

Dead End Survival, LLC v  Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
July 18, 2019
return mail

US Postal Service Prohibited from Challenging Mail Sorting Patent

Return Mail v  United States Postal Service (USSC, No. 17-1594) In a decision released June 10, 2019, the United States Supreme Court blocked government bodies from […]
July 11, 2019
glasswall

US Supreme Court Asked to Resolve “Fundamental State of Disorder” in the Patent System

Glasswall Solutions Limited v  Clearswift, Ltd (USSC, No. 18-1448) A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial […]
July 8, 2019
uniloc

Federal Circuit Reinstates Software Patents in Favour of Alleged Patent Troll

Uniloc USA, Inc v  ADP, LLC (Fed. Cir., 2018-1132, 2018-1346) Software patents are notoriously difficult to obtain because they often claim outcomes or results, which are […]
July 2, 2019
endo

Oxymorphone Patent Is Not Obvious, Federal Circuit Confirms

Endo Pharmaceuticals v Actavis LLC, Fed. Cir., 2018-1054 A recent decision by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirmed that an […]
June 28, 2019

The Rainbow Flag, Trademarks and Commitment to Diversity

June has been international pride month where rainbow flags are raised in unity, including at PCK Intellectual Property. The rainbow flag has been the most widely […]
June 18, 2019

Raptors Win but Trademark still under Claw

The Raptors may have won the NBA championship but they still have a court battle ahead, this time against popular energy drink Monster Energy.
June 11, 2019
avx

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 9, 2019
abandonment

New Patent Rules will Make Reinstatements and Reversing a Patent Expiry More Onerous

Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
May 7, 2019
ati tech

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.