In Re Smith, (Fed. Cir. 2015-1664) - A patent application for a variation on the blackjack game was rejected as unpatentable after the CAFC applied the two-step test for patentable subject matter from Mayo and Alice.
2015 FCA 163 - In the obviousness analysis and determining whether a person skilled in the art would have discovered the prior art, the FCA upheld the application of a reasonably diligent search standard.
2016 FC 830 - The FC dismissed a case of contractual dispute over the ownership of a patent, and commented that, regardless of whether conflict of laws principles apply, no assignment or transfer of a patent can take place except in accordance with the laws of the jurisdiction in which the patent was granted (s. 51 of the Patent Act).
2016 FC 720 - The FC bifurcated the issues of infringement and validity from any other section 8 issue in hopes that bifurcation would likely lead to a settlement of all the issues between the parties.
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.
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.
2015 FC 959 - The Health Minister denied data protection for Cysview after finding it was not an “innovative drug”, and the FC indicated the scope of “innovative drug” does not extend to combinations of the enumerated variations of previously approved medicinal ingredients in the Regulations (salt, ester, enantiomer, solvate or polymorph).
2015 FC 997 - The FC found that the invention was merely to add a polymer to the slurry, which was known in the prior art, and to continue to do so until the slurry rigidified. The Court found this solution to be obvious to try, and sufficiently disclosed, even though the meaning of “rigidify” was never made clear.