Abb Technology AG, ABB Inc v Hyundai Heavy Industries Co, Ltd, 2015 FCA 181 - The FCA suggested that although claim construction is reviewed on a correctness standard, claim construction is so heavily reliant on expert witnesses that perhaps it should be reviewed on a palpable and overriding error standard.
Akamai Technologies, Inc, v Limelight Networks, Inc, 09-1372 - The CAFC held that where more than one actor is involved in infringing the steps in a patent, one of the actors can be held liable for the entirety of the infringement if that actor “directs or controls the other’s performance.”
OrthoArm Incorporated v GAC International, LLC, 2015 ONSC 5097 - The ONSC was to undertake the analysis that would normally be done at a Markman hearing: to perform claim construction on the US patent and apply that construction to determine whether there is infringement.
ClearCorrect Operating LLC, et al v International Trade Commission (No 2014-1527) - An appeal to the Federal Circuit will determine whether the ITC has jurisdiction over digital patent infringement: the ability to block the importation of patent-infringing “articles” if those articles take the form of digital information.
Novartis Pharmaceuticals Canada Inc v Teva Canada Limited, 2015 FC 770 - Novartis was able to uphold its patent against allegations of invalidity from Teva, but not without the Federal Court making a number of razor thin distinctions between what the patent promised and what it did not.
AstraZeneca Canada Inc v Apotex Inc, 2015 FCA 158 - The FCA acknowledged that the word “will” often refers to an expectation or goal rather than a promise, but still held that the FC did not err in finding that a promise was made when reading the patent as a whole from the eyes of a skilled reader.
ADIR v Apotex Inc, 2015 FC 721 - In an accounting of profits case, the FC stated that if a non-infringing alternative is to be considered, it “cannot be what one would have done had one complied with the law”.
AstraZeneca Canada Inc v Apotex Inc, 2015 FC 322 - Claim 1 was worded general enough to capture Apotex’s subcoating layer even though Apotex’s subcoating layer was generated by an in situ chemical reaction, a process that the patentee had not contemplated.
Microsoft Corporation v Proxyconn, Inc, - The “broadest reasonable interpretation standard” (“BRI”) standard is the standard for claim construction in Inter Partes Review IPR proceedings and newly substituted claims must be demonstrated to be patentable over the prior art of record.