Patent Validity
September 20, 2019
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.
September 13, 2019
2019 FC 1065 – Canada's Federal Court ruled that two fiber optics patents were obvious in light of an admission made in the background sections.
June 11, 2019
AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 7, 2019
Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
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 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
December 19, 2017
2017 FC 777 - The FC rejected Teva’s allegations that Pfizer's Canadian patent was obvious and lacked utility. The FC found that the POSITA would not have been able to predict the novel crystalline form taught by the patent, and that the subject-matter of the invention claimed in the patent was useful.
October 10, 2017
2017 FCA 161 - The FCA dismissed Idenix's appeal to a FC decision in which Idenix's Canadian patent was found invalid for insufficient disclosure and its counterclaim against Gilead was dismissed.
October 3, 2017
2016 FC 986 - The FC dismissed Supertek's claim that Mishan engaged in conduct contrary to Section 7(a) of the Trade-marks Act, in relation to a Canadian patent.
August 8, 2017
2017 FC 6 - MediaTube brought allegations of infringement against Bell over one of its IT patents, asserting that Bell had infringed the patent with Bell’s IPTV services. The FC deemed the patent to be valid, but not infringed. Costs were decided in Bell’s favour and elevated to reflect the punitive damages claimed by MediaTube and the weak argument they had put forth.