Summary

December 11, 2018
patent rules

CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

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
patent rules

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
December 4, 2018
patent rules

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 27, 2018
patent rules

Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 23, 2018
patent rules

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

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
patent rules

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 7, 2018
patent rules

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

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
patent rules

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
patent rules

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
patent rules

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.