Summary

August 23, 2021
photo of a hockey stick and a hockey puck on an ice rink.

And He Scores! Patent Infringement Suit Against CCM Hockey Dismissed

The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
August 18, 2021
Concept art of AI showing a humanoid head made out of glowing green binary numbers on a black background.

Are We Ready to Name AI as an Inventor of Patents?

The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
Photograph of an auto-injector needle with a drop of liquid at the tip of the needle.

Federal Court of Appeal Reaffirms Overbreadth as Grounds for Invalidity

The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
July 27, 2021
Photograph of centrifuge tubes in a test tube rack on a laboratory bench.

Variations on Previously Approved Drugs Are Ineligible for Data Protection

On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 7, 2021

CAFC Invalidates a Camera Patent, Blurring Lines in the Patent Eligibility Inquiry

The CAFC sided with Apple and Samsung, finding a patent for an “improved” digital camera to be an abstract idea and not patent-eligible subject matter.
June 21, 2021
Photograph of a remote control for a smart tv pictured in front of a television screen displaying a streaming service.

Access Denied: Federal Court of Appeal Affirms Use of Site-Blocking Orders

A recent decision affirms the Federal Court's power to make site-blocking orders requiring third-party ISPs to limit access to copyright-infringing content.
June 7, 2021
Close up view of a green circuit board for a computer

PAB Allows Two Software Patents, Revealing Post-Choueifaty Approach

In two recent decisions involving software patents, the Patent Appeal Board found the inventions to be directed to patentable subject-matter
June 2, 2021
A metal worker using an angle grinder to cut steel.

$7 Million Award Upheld for Employee Theft of Confidential Information

2020 BCCA 361: A BC court upheld one of Canada's largest awards for trade secret theft. GEA was awarded over $7 million against a group of former employees.
May 4, 2021
Programming code overlaid on a photograph of a server room.

Ontario Court Varies Terms of Injunction to Preserve “Status Quo”

2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.
April 22, 2021
Image of the Android logo beside a smartphone against a black background.

US Supreme Court Sides With Google to End Oracle’s Monopoly Over Java

No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.