Summary

March 3, 2021
Model of a human brain photographed in an anatomy lab.

A Closer Look: CAFC Finds Immersion Photography Claims Are Obvious

Fed Cir, 2019-1927: The CAFC overturned a finding of non-obviousness by the US Patent Trial and Appeal Board on a patent owned by Melanoscan, LLC.
February 16, 2021
Close-up photograph of server with multiple ethernet cords plugged in

Patent Appeal Board Rules Choueifaty Patent Application to Be Patentable

PAB 1556: Canada’s Patent Appeal Board reconsidered Mr. Choueifaty’s patent application for a computer-implemented method of managing portfolio assets.
February 1, 2021
Business person sitting a board room table in front of sunny window

Federal Court of Appeal Restricts Admissibility of Foreign Prosecution History

2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US application that was not named by number.
January 19, 2021

Quebec Court Finds New Drug Pricing Rules Tip Constitutional Scale

2020 QCCS 4541: Court held that forthcoming amendments to the Patented Medicines Regulations are unconstitutional and infringe on provincial powers.
December 18, 2020
Photograph of a man holding a passport with leather luggage on the ground at his feet.

Less Baggage: Trademark Registration Later Expunged Will Not Be Liable for Prior Damages

2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
December 2, 2020
Close-up photograph of a fountain pen writing words in ink on paper.

Written Description Particularly Important if Amending Claims in Response to Competitor

Fed. Cir. 2018-1779: A patent for testing fetal DNA was found to be unpatentable because the claims were not fully supported by the written description.
November 16, 2020
An orange backhoe on a construction site with mountains in the background.

Federal Court Finds Patent Obvious in Summary Judgment

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
Electricity powering a lightbulb on a black background.

Official Marks Not Immune to Infringement Claims

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
Photograph of a money jar spilling coins against white background.

FCA Upholds Largest Patent Infringement Award in Canadian History

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
Orange transport truck driving on a highway under a blue sky.

Federal Court Cannot Designate Standard-Essential Patents

T-1686-18: Canada's Federal Court has clarified that it does not have jurisdiction to designate Standard-Essential Patents.