- Filter by
- Categories
- Tags
- Show all
- Article
- Confusion
- Contract
- Copyright
- Corporate
- Domain Names
- Employment
- Expungement
- Expungement
- Grey Marketing
- Industrial Designs
- Licensing
- Obviousness
- Opposition
- Passing Off
- Patent
- Patent Infringement
- Patent Strategy
- PM(NOC)
- Procedure
- Prosecution
- recognition
- Services
- Summary
- Trade Secrets
- Trade-mark
- Use
- Validity
- 35 US Code §101
- 3D printing
- Abandonment
- abstract theorems
- Abuse of Process
- Accounting of Profits
- acquired distinctiveness
- actions
- actual notice
- agreement
- Alice/Mayo Test
- Ambiguity
- Amendments
- Anticipation
- Appeal
- Apple
- application
- application fee
- arbitrary
- arbitration
- Artificial Intelligence
- Assignment
- Australia
- Bad Faith
- Bargain Theory
- Bill C-31
- Bill C-43
- Bill C-8
- Bill C-86
- Biologics
- biosimilar
- Biotech Patents
- Blockchain
- border measures
- Brand
- broadcasting
- budget
- burden of proof
- business
- CAFC
- Canada
- Canada Gazette
- Cannabis Law
- causal link
- cdrp
- CEEO
- Certificate of Supplementary Protection
- champerty
- Chemical Patent
- chemistry
- ciba
- CIPO
- CIPO errors
- CIRA
- Claim Construction
- Class Actions
- clerical error
- collateral estoppel
- College of Patent Agents and Trademark Agents
- combination drugs
- commissioner
- Common General Knowledge
- Complete Code
- Confidential Information
- confidentiality
- confidentiality order
- Conflict of Interest
- Confusion
- Constitution
- consumer goods
- contract
- contributory infringement
- Copyright
- Copyright Infringement
- copyright test
- corrections
- Costs
- counterfeit
- Court of Appeals for the Federal Circuit
- COVID-19
- CSP
- cybersecurity
- Damages
- Data
- Data Protection
- deadline
- defamation
- defences
- Delay to Market Entry
- descriptive
- Design Patents
- deviation
- digital infringement
- disclosure
- Discovery
- Distinctiveness
- Diversity
- division of powers
- divisionals
- DNA Patents
- domain names
- dominant feature
- Dosage Range
- Double Patenting
- doubtful cases
- Due Care
- Duty of Candor
- E-Commerce
- Early dismissal
- economics
- Employment
- errors
- essentiality of elements
- Ethics
- Europe
- Events
- Evidence
- examination quality
- examination statistics
- Examiner
- Expedited Examination
- Expert Blinding
- Expert Evidence
- expiry
- Expungement
- extraterritoriality
- Fair Use
- federal circuit
- Federal Court
- Federal Court of Appeal
- fees
- file wrapper
- Filing
- filing date
- filing fee
- financial services
- Food and Drug Regulations
- Foreign Filing License
- foreign issue estoppel
- forum selection
- fraud
- Free World Trust
- frivolous
- funding
- future infringement
- generics
- geographical indications
- Good Faith
- goods
- Government
- Grace Period
- grey marketing
- Hague
- Hatch-Waxman
- Health Canada
- Hearsay
- Honest Contractual Performance
- ICSID
- Improver
- Indefiniteness
- Inducement
- Industrial Designs
- inherent distinctiveness
- Injunction
- Injunctions
- Innovation
- Innovative Drugs
- Insufficient Disclosure
- Intellectual Property
- intent
- Inter Partes Review
- interlocutory injunction
- Internet
- Internship
- Investors
- IP Lawyer
- IP Strategy
- IPIC
- IPO
- ISP
- IT patent
- ITC
- Jurisdiction
- Late fee
- Legal Retainer
- legal test
- Legislative Reform
- Liability
- Licensing
- life science
- limitation periods
- Litigation
- litigation funding agreement
- Madrid Protocol
- Maintenance Fee
- Marking Requirement
- materiality
- medical
- method
- Methods of Medical Treatment
- misleading
- motion
- Motion to dismiss
- Motion to strike
- NAFTA
- national phase entry
- Natural Health Product
- new evidence
- Non-Infringing Alternative
- Non-Practicing Entity
- notice of allegation
- notice to rectify
- Novelty
- obivous error
- Obviousness
- Official Marks
- On-Sale Bar
- ontario
- Overbreadth
- Ownership & Inventorship
- Passing Off
- Patent Act
- Patent Agents
- Patent Appeal Board
- Patent Application
- Patent Drafting
- Patent Infringement
- Patent Litigation
- Patent Office
- patent office errors
- patent prosecution
- patent requirement
- Patent Rules
- Patent Strategy
- Patent Term Adjustment
- Patent Textbook
- Patent Trial and Appeal Board
- Patent Trolls
- patentability
- Patentable Subject Matter
- Patents
- PCT
- Pharmaceutical Patent
- Pharmaceutical Pricing
- PLT
- PM(NOC)
- PM(NOC) Damages
- PMPRB
- POSITA
- pride
- prior art
- Prior Disclosure
- prior use
- Priority
- Privilege
- procedure
- Product Specificity
- prohibited marks
- Promise Doctrine
- proprietor
- Prosecution
- Prosecution History
- protective order
- prothonotaries
- Provisional Patent
- public sale
- Public Servant
- Punitive Damages
- Recognition
- registration
- Reinstatement
- Reissue
- Remedies
- representation
- request for correction
- requisition
- responding
- review
- risk
- Royalties
- s. 27
- s. 45
- s. 53
- sale
- Scheduling
- Scholarship
- SCOTUS
- second person
- Secondary Infringement
- secondary meaning
- secret sale
- Section 45
- security
- Selection Patents
- Services
- settlement
- Site-Blocking Orders
- skilled person
- Software
- Software Copyright
- Software Patent
- Sound Prediction
- Specification
- sponsorship
- Springboard Profits
- SRED
- Standard of Proof
- Standard of Review
- Standard-Essential Patents
- standing
- standing to appeal
- Start-up
- Startups
- Statute of Monopolies
- stay
- Strategy
- Sufficiency
- Summary Judgment
- superior court
- Supreme Court of Canada
- surname
- Technology
- Telecommunications
- time frame
- TPP
- Trade Secrets
- Trademark
- Trademark Infringement
- Trademark Licensing
- Trademark Opposition
- Trademark Trial and Appeal Board
- Trademarks Act
- treaty
- UK
- United Kingdom
- United States
- Use
- useful article
- USMCA
- USPTO
- Utility
- Validity
- Variant
- Velocity
- vexatious
- who's who legal
- Written Description
July 5, 2015
July 5, 2015
Tan-Jen Ltd v Di Pede, 2015 ONSC 3685 - In a copyright infringement case regarding supposedly one-of-a-kind design moulds for a home's exterior, the Court allowed inspection of the property for valuation purposes and refused a request to keep the court proceedings closed from the public.
June 30, 2015
June 30, 2015
In the age of the “Lean Startup” $100,000 can be enough to get a startup well off the ground. However, with such tight budgets and limited funding there is often not much room left to pay a professional patent agent several thousand dollars to draft your patent application. This article provides some pointers on how to draft your own provisional software patent application.
June 30, 2015
June 30, 2015
Groves v Canasonics Inc, 2015 ABQB 314 - After a falling out between a director and Canasonics Inc., the former director sought to ensure that any intellectual property in critical unpatented tools remained his own, and sought to reverse the transfer of a number of patents that he had already assigned to the company.
June 29, 2015
June 29, 2015
Agros Trading Confectionery SPZOO v K-Max Corp, 2015 ONSC 3166 - This case is an example of one company, who was sued for trade-mark infringement, attempting to evade the court ruling by incorporating a new company to continue selling the infringing products. Even though the infringement was taking place under new companies, infringers were still bound by an injunction preventing them from selling the infringing goods.
June 27, 2015
June 27, 2015
CD 1377 - Security Point Media's patent on “Advertising Trays for Security Screening” was found to be nonobvious considering a number of factors, such as the impact of the invention on the industry.
May 26, 2015
May 26, 2015
Jamieson Laboratories Ltd v Reckitt Benckiser LLC, 2015 FCA 104 - The FCA upheld an interlocutory injunction preventing Jamieson Laboratories Ltd. from selling its omega-3 fatty acid supplements under the name “OMEGARED”. The injunction was awarded largely because of the finding that Jamieson had strategically rebranded its product line from “Super Krill” To “Omega Red” in order to frustrate the entrance of Reckitt’s “MEGARED” product line into the Canadian market.
May 23, 2015
May 23, 2015
Imperial Manufacturing Group Inc v Decor Grates Incorporated, 2015 FCA 100 - Faced with the rebuttable presumption that Decor was the proprietor of the industrial design, it was on the plaintiff to adduce evidence to the contrary, not to fish for the supporting facts from Decor during pleadings.
May 21, 2015
May 21, 2015
ViiV Healthcare ULC v Teva Canada Limited, 2015 FCA 93 - The FCA confirmed that paragraph 4(2)(a) of the Patented Medicines (Notice of Compliance Regulations) requires that a patent listed on the register requires an “exacting threshold of specificity” between what is claimed in the patent and what has been approved in the Notice of Compliance. However, proposed amendments to the PM(NOC) Regulations would reverse this holding.
May 20, 2015
May 20, 2015
As of June 1, 2015, the sunrise period for registered trademark owners to purchase one of the new .sucks domains will end, and the ability for anyone to register a .sucks domain will begin.
May 20, 2015
May 20, 2015
The proposed amendments would dispose of the product specificity requirement that was interpreted by the Federal Court of Appeal in paragraphs 4(2)(a) and 4(2)(b) of the PM(NOC) Regulations.
May 18, 2015
May 18, 2015
Commissioner’s Decision #1376 - The Application, which sought to patent what is essentially one manifestation of the hydrogen economy, was rejected for ambiguity since the Application’s use of the term “water… inputs” as claimed was not supported by the description. Water is only ever described as taking part in intermediary steps in the claimed method, not as an energy input, as in hydroelectric power.
May 13, 2015
May 13, 2015
Lundbeck Canada Inc v Canada (Health), 2014 FC 1049 - How should overlapping expert costs be allocated? Three parties each sought a Notice of Compliance (NOC) for the same drug, and the innovator relied on much the same expert evidence in each proceeding but costs were not precisely allocated among the three proceedings.
May 12, 2015
May 12, 2015
Flat-out ignoring patents and SRED can result in leaving a lot of value on the table. Whatever one may think of patents, it is a fact that they can provide enormous value to a technology company if they are done correctly. By the same token, a successful SRED claim can lead to a significant short term financial boost for cash conscious companies.
May 11, 2015
May 11, 2015
Beginning May 13, 2015, U.S. entities will be able to file a single international application in a single language to obtain protection for up to 100 industrial designs in over 64 territories. Canadians with U.S. relations may be able to participate.
April 30, 2015
April 30, 2015
From May 8, 2015 through May 22, 2015, Google will be accepting applications from patent-holders wishing to sell any patent to Google through its experimental Patent Purchase Program. Google hopes that its program will improve the marketplace for patents for everyone, but especially for smaller participants, who too often end up selling their patents to patent trolls.
April 25, 2015
April 25, 2015
Wolfe v Shawcor Ltd, 2015 ABQB 181 - The Alberta Court determined that a corporation that assigned all of its confidential intellectual property has no standing to sue for breach of that confidential information.
April 22, 2015
April 22, 2015
Newco Tank Corp v Canada (Attorney General) 2015 FCA 47 - The Board made a reasonable factual finding when it found that the background knowledge of the person skilled in the art was described in the background information of a patent. This determination was instrumental in the Board’s determination that the patent was obvious.
April 13, 2015
April 13, 2015
Why is it that worldwide rankings of startup hubs group together a handful of population centres in Silicon Valley amounting to almost 7.5 million people, but Waterloo and Toronto, with only 124,600 and 5.8 million people respectively, and with equally as much mixing of talent between them, are always ranked separately and pitted against each other as competitors? Toronto and Waterloo are producing some of the most innovative new companies of the future. Fostering talent in both regions and bringing great ideas and great minds together can only work to our mutual benefit and ability to tackle the world scene. Geography should be no object.
March 24, 2015
March 24, 2015
Eli Lilly Inc v Mylan Pharmaceuticals ULC, 2015 FC 178 - Mylan did not infringe the ‘948 Patent because the Mylan’s tadalafil compound did not have the claimed particle size distribution and the formulation did not contain the claimed concentration of hydrophilic binder. The Court rejected two purposive arguments by Eli Lilly in favour of a more literal reading of the patent.
March 16, 2015
March 16, 2015
The Catalyst Capital Group Inc v Moyse, 2014 ONSC 6442 - An injunction was ordered to prevent Brandon Moyse from working at and divulging confidential information to a competing investment firm, citing Moyse's disregard for and understanding of confidential information when he sent confidential memos to the competing firm as a writing sample pursuant to a job application.