Case summaries and articles about patent infringement.
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August 8, 2016
August 8, 2016
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.
August 8, 2016
August 8, 2016
In U.S. patent infringement, the “actual notice” requirement in 35 USC § 154(d) requires actual knowledge of a published patent application. Knowledge of related patents, even those sharing a description, and indirect references to a published patent application in emails may not be sufficient to prove actual notice.
November 29, 2014
November 29, 2014
Les Laboratoires Servier v Apotex Inc, [2014] UKSC 55 - The UK Supreme Court rejected the argument that patent infringement could form the basis for the defence of illegality since patent rights do not give rise to the sort of public interest consideration that underpins the defence of illegality.
April 15, 2014
April 15, 2014
Mediatube Corp. and Northvu Inc v Bell Canada et al, 2014 FC 237 - The Court dismissed a motion to remove Bereskin & Parr as solicitors of record for Mediatube for a conflict of interest, finding that “[w]hile there may be some circumstances where related companies could be considered as one entity and one client, the circumstances in the present case do not lead to that conclusion.”
July 3, 2013
July 3, 2013
Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. – 2013 FC 616 This action concerns allegations of infringement of two Canadian Patents No. 2,258,064 (064 […]
February 4, 2013
February 4, 2013
Coastal Contacts Inc. v. Elastic Path Software Inc., 2013 BCSC 133 Overturned on Appeal [2013 BCCA 541] Elastic Path and Coastal Contacts entered into a Software […]
January 31, 2013
January 31, 2013
Monsanto Canada Inc. v. Verdegem, 2013 FC 50 Monsanto commenced an action for infringement of its patent covering genetic material found in plant seeds. Verdegem was […]
January 22, 2013
January 22, 2013
Allergan Inc. v. Apotex Inc., 2012 ONSC 398 Apotex moved to strike Allergan’s Statement of Claim which alleged that Apotex infringed its patents covering the compound […]