agreement Archives

July 22, 2019

Photo of a contract or license being signed.

July 22, 2019

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”

January 23, 2019

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.

May 30, 2017

Federal Court of Appeal reverses Federal Court’s finding of a settlement agreement between Apotex and Allergan

2016 FCA 155 - The FCA overturned a FC decision in which it was held that the parties had settled the litigation, and had issued an order enforcing the terms of the settlement. The FCA found that a settlement had not in fact been reached, set aside the FC’s order and granted Apotex its appeal and costs.

March 21, 2017

Ontario Superior Court Finds Grey Marketing Settlement Agreements Not Void for Restraint of Trade

2016 ONSC 7201 - The ONSC found Bemco to be in breach of its settlement agreement with Mars, and found Mars entitled to summary judgment. The settlement agreement was in relation to Bemco grey marketing Mars' goods.

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 […]