litigation

August 16, 2019
A statue of Lady Justice.

US Supreme Court Lifts Ban on Profane Trademarks

SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.
July 22, 2019
lone star

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

Lone Star Silicon Innovations v Nanya Tech. Corp. (Fed. Cir., 2018-1581) When is a patent agreement an “assignment” as opposed to a mere “license”? A case […]
July 19, 2019
dead end

Ontario Court Backs American Decision to Penalize Online Counterfeiter

Dead End Survival, LLC v  Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
July 18, 2019
return mail

US Postal Service Prohibited from Challenging Mail Sorting Patent

Return Mail v  United States Postal Service (USSC, No. 17-1594) In a decision released June 10, 2019, the United States Supreme Court blocked government bodies from […]
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 28, 2019
uk

PCK IP Lawyers Instrumental in Client’s Defense of Patent Ownership

In a recent judgement, the Intellectual Property Enterprise Court (“IPEC”) decided that Netsweeper is entitled to the ownership of its PCT Application and is not in breach […]
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.
May 1, 2019
Iscada

Trademarks and New Evidence on Appeal

2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
March 21, 2019
CEEO

Counsel and Expert’s Eyes Only Orders Granted in Unusual Circumstances

2018 FCA 192 – FCA confirms CEEO Orders may be granted in unusual circumstances.
August 28, 2018
Due care

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.