Patent drafters should take the time to consider the “why” behind drafting choices. There is no “right” or “wrong” way here, only the need to be mindful.
Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
2017 SCC 36 - The Supreme Court of Canada struck down the “promise doctrine” of Canadian patent law in favour of merely requiring a single use related to the nature of the subject-matter of the invention having a scintilla of utility.
Re. Patent Application No. 592,567, CD 1303 The subject application was rejected by the Examiner under section 2 of the Patent Act for containing claims for […]