Patent Infringement
June 18, 2020
In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
March 9, 2020
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.
December 19, 2019
Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
November 7, 2019
Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
October 28, 2019
2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
October 11, 2019
CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
July 22, 2019
CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”
July 18, 2019
SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 11, 2019
A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial treatment of patents and fix the US patent system.
July 2, 2019
CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”