Validity
May 7, 2019
Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 12, 2019
2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019
2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
January 23, 2019
586 U.S. ___ (2019) SCOTUS affirms CAFC's decision holding that if the existence of the sale is public, the invention does not need to be publicly disclosed to fall within the AIA’s on-sale bar.
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.
August 14, 2018
PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 10, 2018
2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.
January 9, 2018
PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
January 2, 2018
2017 FCA 201 - The FCA upheld the FC’s ruling against Apotex, that Pfizer's failure to pay the proper final fee for the issuance of a Canadian patent will not invalidate the patent.
December 19, 2017
2017 FC 777 - The FC rejected Teva’s allegations that Pfizer's Canadian patent was obvious and lacked utility. The FC found that the POSITA would not have been able to predict the novel crystalline form taught by the patent, and that the subject-matter of the invention claimed in the patent was useful.