Patent

August 10, 2020
Macro photograph of a computer keyboard with black keys.

Infringer Uses Marking Requirement to Escape Pre-Suit Damages

Fed. Cir. 2019-2041 - The CAFC held that Packet Intelligence was precluded from claiming $3.5M in pre-suit damages because the marking requirement was not met.
June 18, 2020
Photograph of a red hockey net on the ice of an outdoor skating rink.

Federal Court Clarifies the Admissibility of Patent Prosecution History

In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
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
Photograph of white pharmaceutical pills on a blue background.

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
Photograph of an IV drip delivering a pharmaceutical to a patient in a hospital.

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.
January 23, 2020
Photo of a judge's golden gavel in court.

How the Supreme Court’s New Standard of Review Will Impact IP

2019 SCC 65, 2019 SCC 66 - The new standard of review will be applied to decisions by the Patent Office, Trademark Office, PAB, and TTAB.
December 19, 2019

Fuel Tank Patents Limited by Patentee’s “Special Definition”

Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
December 9, 2019
The word blockchain surrounded by symbols of bitcoin, finances, mobile devices, money, computer networks.

Patenting Blockchain Technologies

Is patenting blockchain possible? Do patents detract from the decentralization of blockchain? This article explains the ins and outs of blockchain patents.