Patent Infringement
May 7, 2019
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.
April 30, 2019
Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 16, 2019
2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019
2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019
2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
March 19, 2019
Third party rights introduced in new Patent Rules to mitigate for long periods of uncertainty when patent applications/patents are deemed abandoned.
January 23, 2019
586 U.S. ___ (2019) SCOTUS affirms CAFC's decision holding that if the existence of the sale is public, the invention does not need to be publicly disclosed to fall within the AIA’s on-sale bar.
December 18, 2018
2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 7, 2018
Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.