Summary

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 28, 2019

PCK IP Lawyers Instrumental in Client’s Defense of Patent Ownership

In a recent judgement, the Intellectual Property Enterprise Court (“IPEC”) decided that Netsweeper is entitled to the ownership of its PCT Application and is not in breach […]
May 21, 2019
T. Andrew Currier

PCK’s Andrew Currier Recognized in the Canadian Legal Lexpert Directory, 2019

As a result of the 2018 Lexpert Survey, Andrew was selected for this year’s directory. “There is no more credible source than Lexpert. Now in its […]
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.
May 1, 2019
Iscada

Trademarks and New Evidence on Appeal

2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
April 30, 2019
GUI

Stock Trading GUI Falls Short of Patentability Requirements in US

Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
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 10, 2019

Trademark Expungement: Insufficient Evidence of Use and Lack of Dominant Feature

2018 FC 1261 - Trademarks expunged for lack of evidence establishing use, and for using deviants without the dominant features of the trademark design.
April 9, 2019

FCA Confirms Test To Admit New Evidence on Appeal From TMOB

2019 FCA 63 - FCA confirms long standing test for admission of new evidence in judicial review of TMOB decision.