Summary
January 10, 2019
Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018
2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 11, 2018
Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
December 6, 2018
2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
December 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 27, 2018
2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 23, 2018
PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 13, 2018
2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 7, 2018
Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
October 11, 2018
Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction