Procedure

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 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 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 7, 2019
ati tech

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

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 18, 2019
Interview

No More “Phone Tag” at the USPTO

USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.
April 16, 2019
damages

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 5, 2019
filing

Canadian Patent Filing Requirements About To Change

Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
April 4, 2019

Actions Under Old PM(NOC) Regime Not Automatically Applicable To The New

2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.