Patent Infringement
April 16, 2020
Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
March 9, 2020
2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
December 19, 2019
Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
November 7, 2019
Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
October 28, 2019
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.
July 18, 2019
SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
April 30, 2019
Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 16, 2019
2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019
2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019
2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.