Summary

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.
September 23, 2020
Lines of programming code on a computer screen.

Federal Court Rejects CIPO’s “Problem-Solution” Approach to Claim Construction

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
Photo of a pair of shoes dangling off the edge of a building while lights shine on a bridge in the distance at night.

Identical Preambles: Limiting in One Patent, Not Another

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
Close-up photograph of a wooden judge's gavel.

Federal Court Can Now Interpret Contracts in Patent Ownership Disputes

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
Basketball player holding an orange basketball with a Nike swoosh logo in one hand

Hands Off! Nike Wins Battle Over Claw Logo Against Kawhi Leonard

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
Hand in rubber glove holding a spray bottle of bleach

Federal Court of Appeal Confirms New Standard of Review in Trademark Appeals

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
Team of inventors wearing white lab coats in a laboratory.

Federal Court Removes Inventors from Four Patents

2020 FC 338 – The Court concluded that the six individuals were listed as inventors “by inadvertence in the process of the division.”