PCK Reporter Blog - Patent Law & Trademark Decisions

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September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]

September 20, 2013

Brushpoint Innovations Inc. Found not to have Breached Settlement Agreement by Purchasing and Selling Outside of the Jurisdiction Covered by the Settlement Agreement

The Procter & Gamble Company, Procter & Gamble Inc. v Brushpoint Innovations Inc. [2013 ONSC 5747] Background In the fall of 2012 the applicants sued […]

September 16, 2013

Apotex’s Unjust Enrichment Claim Fails Based Upon Operation of the PM(NOC) Regulatory Regime

Apotex Inc. v Abbot Laboratories Ltd. Takeda Pharmaceuticals Company Ltd. And Takeda Pharmaceuticals America Inc. 2013 ONCA 555 Apotex appealed the dismissal of its unjust […]

September 16, 2013

FC Holds Two ABB Electro-Mechanical Patents Obvious in View of State of the Art

ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd.- 2013 FC 947 This action relates to the alleged infringement of two patents held by ABB […]

August 21, 2013

FC Clarifies “Duty of Candor” in Canadian Patent Prosecution Practice

Varco Canada Ltd. et al v. Pason Systems Inc. et al – 2013 FC 750 This action relates to the infringement of Varco’s Canadian Patent No. […]

August 14, 2013

FC Holds the Liability Phase of a Bifurcated Trial Is Concluded Even If Judge Defers Deciding Some Liability Issues to the Quantification Phase

Eli Lilly Canada Inc. v. Novopharm Limited – 2013 FC 677 Per Prothonotary Tabib: In this motion Teva sought to amend its Statement of Defence and […]

July 29, 2013

FCA Upholds the Plavix Patent, Reverses Lower Court’s “Promise of Patent” and “Obvious to Try” Analyses

Sanofi-Aventis v. Apotex Inc. – 2013 FCA 186 Per Pelletier J.A. (Noel J.A. concurring): Apotex attempted to market a generic version of clopidogrel bisulfate (clopidogrel), sold […]

July 24, 2013

FC Dismisses Roche’s Prohibition Application, Holds Apotex’s Allegations Are Justified that Patent Covering VALCYTE Is Anticipated and Obvious

Hoffman-La Roche Limited v. Apotex Inc., 2013 FC 718 In this application brought under the PM(NOC) Regulations Roche sought to prohibit the Minister of Health from […]

July 22, 2013

FC Rules Non-Infringing-Alternative Defence Does Not Impact the Calculation of Damages

Merck & Co., Inc. v. Apotex Inc. – 2013 FC 751 This action involved determining the quantum of damages to be awarded to Merck for infringement […]

July 17, 2013

Supreme Court Upholds a Robust Doctrine of Settlement Privilege

Sable Offshore Energy Inc. v. Ameron International Corporation et al. – 2013 SCC 37 Sable sued a number of defendants for supplying it with corrosion-resisting paint […]

July 16, 2013

PAB Applies Amazon, Finds a Computer-Implemented Method of Communicating the Cost of Insurance to Be Patentable Subject Matter

Re. Patent Application No. 2,344,781, CD 1336 This is an Appeal Board decision regarding patent application number 2,344,781 entitled "Monitoring System for Determining and Communicating a […]

July 11, 2013

PAB Applies Amazon, Finds a Tax Calculation System to Be Patentable Subject Matter

Re. Patent Application No. 2306540, CD 1334 This patent application concerned the tracking of required payments or refunds of value added taxes for mailpieces. The Final […]

July 3, 2013

FC Construes Claim, Holds “a” Means “one”

Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. – 2013 FC 616 This action concerns allegations of infringement of two Canadian Patents No. 2,258,064 (064 […]

July 3, 2013

FC Gives Rule 3.1 a Liberal Interpretation, Reverses CIPO’s Decision Refusing National Phase Entry Due to Insufficient Fees

Karolinska Institutet Innovations AB v. Attorney General of Canada, 2013 FC 715 The Applicant attempted to file a patent application with the Canadian Intellectual Property Office […]

July 3, 2013

In Echo of SCC’s Sildenafil Decision, the US CAFC Upholds Invalidation of Claims to a Family of Compounds for Non-enablement

Wyeth v. Abbot Labs (Fed. Cir. 2013) Wyeth appealed from the U.S. District Court for the District of New Jersey’s grant of summary judgment that claims […]

July 3, 2013

ONCA Holds Pre-contractual Expenses Are Recoverable Only If the Parties Reasonably Contemplated that the Expenses Would Likely Be Wasted In the Event of Breach

PreMD Inc. v. Ogilvy Renault LLP, 2013 ONCA 412 This appeal and cross-appeal concerned the measure of damages for Ogilvy’s negligence and breach of contract in […]

June 28, 2013

FC Orders Costs Against Teva for Filing a NOA, Triggering PM(NOC) Proceedings

Eli Lilly Canada Inc. v. Teva Canada Limited – 2013 FC 621 Eli Lilly sought an Order for costs in connection with the Court’s earlier dismissal […]

June 20, 2013

Federal Court Rules It Has Personal Jurisdiction over Provincial Crown Defendants in Proceedings Seeking Remedies under the Patent Act

Safe Gaming Systems Inc. v. Atlantic Lottery Corporation, 2013 FC 217 Before filing their defences to this patent infringement action, the Defendants moved to strike […]

June 19, 2013

Several Key IP Issues Addressed in the Government’s Response to the INDU Report “Intellectual Property Regime in Canada”

Full text of the government’s response The Honourable Christian Paradis responded on behalf of the Government of Canada to the recommendations made by the Standing Committee […]

June 17, 2013

US Supreme Court Holds Isolated Naturally-Occurring DNA Segments Are Products of Nature and Not Patent Eligible

Association for Molecular Pathology v Myriad Genetics Inc, US SC No 12–398 (2013) - The US Supreme Court must determined that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring.