Patent Infringement

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 […]
April 30, 2019
GUI

Stock Trading GUI Falls Short of Patentability Requirements in US

Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
April 16, 2019
damages

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019

Actions Under Old PM(NOC) Regime Not Automatically Applicable To The New

2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
January 23, 2019
Due care

SCOTUS Finds That Secret and Mere Existence of Sales May Invalidate Patents

586 U.S. ___ (2019) SCOTUS affirms CAFC's decision holding that if the existence of the sale is public, the invention does not need to be publicly disclosed to fall within the AIA’s on-sale bar.
December 18, 2018
Due care

FCA Reviews Doctrines of Claim Construction and Sufficient Disclosure

2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 4, 2018
Due care

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 7, 2018
Due care

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
October 3, 2018
Due care

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.