Patent Strategy

August 23, 2019
A busnisess's empty board room with desk chairs and a table.

What Can Businesses Expect From the US Patent Reforms?

A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
July 22, 2019
lone star

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

Lone Star Silicon Innovations v Nanya Tech. Corp. (Fed. Cir., 2018-1581) When is a patent agreement an “assignment” as opposed to a mere “license”? A case […]
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 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 […]
June 4, 2019

When Can New Uses for Known Drugs Be Patented?

Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
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.
April 17, 2019
PCT

PCT Filing Deadlines in Canada Soon to be Much Shorter

Shorter Deadlines for PCT Filing in Canada Coming Soon