Validity

September 13, 2019
Fibre optic cable photographed in the dark

Patent Specification Interpreted as Admission of Common General Knowledge

2019 FC 1065 – Canada's Federal Court ruled that two fiber optics patents were obvious in light of an admission made in the background sections.
July 8, 2019
uniloc

Federal Circuit Reinstates Software Patents in Favour of Alleged Patent Troll

Uniloc USA, Inc v  ADP, LLC (Fed. Cir., 2018-1132, 2018-1346) Software patents are notoriously difficult to obtain because they often claim outcomes or results, which are […]
July 2, 2019
endo

Oxymorphone Patent Is Not Obvious, Federal Circuit Confirms

Endo Pharmaceuticals v Actavis LLC, Fed. Cir., 2018-1054 A recent decision by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirmed that an […]
June 11, 2019
avx

CAFC Refuses to Hear Appeal from Patent Decision

AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 7, 2019
ati tech

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

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

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019

Actions Under Old PM(NOC) Regime Not Automatically Applicable To The New

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
Due care

SCOTUS Finds That Secret and Mere Existence of Sales May Invalidate Patents

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
Due care

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.
August 14, 2018
3rd edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.