2016 FC 883 - The Federal Court followed the longstanding rule against the use of patent prosecution file history in interpreting the claims of a patent, but made a strong case for why the patent prosecution file history is worth considering, as is common practice in the U.S.
2015 FC 997 - The FC found that the invention was merely to add a polymer to the slurry, which was known in the prior art, and to continue to do so until the slurry rigidified. The Court found this solution to be obvious to try, and sufficiently disclosed, even though the meaning of “rigidify” was never made clear.
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.
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.
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.
Commissioner’s Decision # 1371 - The Commissioner refused to grant GlaxoSmithKline’s patent application for an “influenza vaccine formulation for intradermal delivery” due to obviousness since there was always a motivation to use the ID route, but it had always been impractical until the advent of a short needle device.
Commissioner’s Decision # 1372 - The Patent Appeal Board reversed an examiner’s finding of obviousness for Canadian Patent Application No. 2,554,498, which discloses a virtual reality simulator for training users in the skill of welding.