Assignment 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.”

November 16, 2015

Federal Court Skirts Provincial Property Law and Transfers Patent Ownership

Imperial Oil Resources Ltd v Exxonmobil Upstream, 2015 FC 1218 - The Federal Court has finally stated outright that it has the jurisdiction to vary patent ownership without encroaching upon the realm of provincial contract law.

June 30, 2015

ABQB Upholds Patent Assignment from Employee Despite Partially Unpaid Salary

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.

December 18, 2014

NSCA Draws Distinction Between Ordering Patent Assignment and Ordering a Transfer of Interest

Bardsley v Stewart, 2014 NSCA 106 - The Court found that the order was fair as it was merely ordering that Bardsley transfer his interests in the ‘770 Application to the extent possible, thus stopping just short of ordering assignment.