Summary
November 16, 2020
2020 FC 997: In a summary judgement for patent impeachment, Canada's Federal Court found a patent for heating hydraulic booms to be invalid for obviousness.
November 9, 2020
SCC 39144 : Supreme Court of Canada confirms an appellate ruling which found that, while official marks cannot eliminate rights under prior registrations.
October 27, 2020
2020 FCA 141: Court warns judges not to be "spooked" by the enormous sums that may be calculated in an accounting of profits for patent infringement.
October 5, 2020
T-1686-18: Canada's Federal Court has clarified that it does not have jurisdiction to designate Standard-Essential Patents.
September 23, 2020
2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 10, 2020
Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
August 20, 2020
Salt v Baker - In a unanimous decision, the Federal Court of Appeal confirmed the Federal Court’s jurisdiction to hear contractual disputes involving patents.
July 7, 2020
An Oregon court ruled that Nike owns the Claw logo that includes a sketch of Leonard's hands that famously earned him the nickname “The Claw.”
June 4, 2020
The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
March 18, 2020
2020 FC 338 – The Court concluded that the six individuals were listed as inventors “by inadvertence in the process of the division.”