Patent Infringement
Case summaries and articles about patent infringement.
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.
January 23, 2019
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
2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 7, 2018
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
2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
August 28, 2018
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.