Summary
August 23, 2021
The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
August 18, 2021
The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
July 27, 2021
On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 7, 2021
The CAFC sided with Apple and Samsung, finding a patent for an “improved” digital camera to be an abstract idea and not patent-eligible subject matter.
June 21, 2021
A recent decision affirms the Federal Court's power to make site-blocking orders requiring third-party ISPs to limit access to copyright-infringing content.
June 7, 2021
In two recent decisions involving software patents, the Patent Appeal Board found the inventions to be directed to patentable subject-matter
June 2, 2021
2020 BCCA 361: A BC court upheld one of Canada's largest awards for trade secret theft. GEA was awarded over $7 million against a group of former employees.
May 4, 2021
2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.
April 22, 2021
No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.