Patent

January 19, 2021

Quebec Court Finds New Drug Pricing Rules Tip Constitutional Scale

2020 QCCS 4541: Court held that forthcoming amendments to the Patented Medicines Regulations are unconstitutional and infringe on provincial powers.
December 2, 2020
Close-up photograph of a fountain pen writing words in ink on paper.

Written Description Particularly Important if Amending Claims in Response to Competitor

Fed. Cir. 2018-1779: A patent for testing fetal DNA was found to be unpatentable because the claims were not fully supported by the written description.
November 2, 2020
Photograph of eyeglasses focusing on a computer screen displaying software code.

After Choueifaty: A New Test for Examining Software Inventions in Canada

Andrew Currier and Stephen Perry review best practices for drafting software patents to global standards and propose a new test for examining software inventions in Canada.
October 27, 2020
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FCA Upholds Largest Patent Infringement Award in Canadian History

2020 FCA 141: Court warns judges not to be "spooked" by the enormous sums that may be calculated in an accounting of profits for patent infringement.
October 5, 2020
Orange transport truck driving on a highway under a blue sky.

Federal Court Cannot Designate Standard-Essential Patents

T-1686-18: Canada's Federal Court has clarified that it does not have jurisdiction to designate Standard-Essential Patents.
September 23, 2020
Lines of programming code on a computer screen.

Federal Court Rejects CIPO’s “Problem-Solution” Approach to Claim Construction

2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 10, 2020
Photo of a pair of shoes dangling off the edge of a building while lights shine on a bridge in the distance at night.

Identical Preambles: Limiting in One Patent, Not Another

Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
August 20, 2020
Close-up photograph of a wooden judge's gavel.

Federal Court Can Now Interpret Contracts in Patent Ownership Disputes

Salt v Baker - In a unanimous decision, the Federal Court of Appeal confirmed the Federal Court’s jurisdiction to hear contractual disputes involving patents.
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
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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.