Patents

Case summaries and articles about  patents.

December 23, 2013

PAB Rejects Application for Obviousness

Re. Patent Application 2,223,198 CD 1344   Background   Patent application 2,223,198 is for a nutritional composition that has successfully caused Chrohn’s disease to go into […]
December 23, 2013

PAB Rejects Patent for Method of Medical Treatment

Re. Application 2,365,923 CD 1343 Background The Application is for a patent for the use of a drug to treat patients suffering from a rare genetic […]
December 23, 2013

PAB Allows Patent Application Provided Amendments Made

Re: Patent Application 2,237,960 CD 1342   Background The application relates to the manufacture of precipitated calcium carbonate from impure calcium oxide.   On 17th of […]
December 23, 2013

FC Changes Approach to Double Ramp Up

Apotex Inc. v Takeda Canada Inc. 2013 FC 1237   Background This is an application under section 8 of the PM(NOC) process dealing with lost revenue […]
November 28, 2013

Federal Court Clarifies Cost Awards

Apotex Inc. v. H. Lundbeck A/S [2013 FC 1188] Background Apotex was the losing party in an impeachment trial of Lundbeck’s Canadian Patent 1,339,452 in which Lundbeck […]
November 26, 2013

FCA Declines to Reconsider Recent Bell Helicopter Decision

Bell Helicopter Textron Canada Limitee v Eurocopter, 2013 FCA 261  Background The Federal Court of Appeal declined a motion under Rule 397 of the Federal Court […]
October 29, 2013

Subject Matter, Obviousness, Double Patenting and Sound Prediction all Issues in Recent FC Case

Bayer Inc. v Cobalt Pharmaceuticals Company [2013 FC 1061] Background This proceeding is an application under the NOC regulations by Bayer seeking a prohibition order to […]
October 24, 2013

House of Representatives Tackles Patent Trolls with The Innovation Act of 2013

Summary A new bill (H.R. 3309) was introduced entitled The Innovation Act of 2013. The bill is cosponsored by Howard Coble (R-N.C.) the chairman of the […]
October 24, 2013

FC and FCA Clarify Issues with Respect to Cost Awards

Mylan Pharmaceuticals ULC v Bristol-Myers Squibb Canada Co. [2013 FCA 231] Background This is an appeal of a cost award from a Judgment of Justice Barnes […]
October 18, 2013

FCA Upholds Trial Judge Finding on Obviousness

Teva Canada Limited v Novartis Pharmaceuticals Canada Inc, 2013 FCA 244. Background Teva appealed a judgment of Justice Hughes(2012 FC 283) where a prohibition order was […]
October 18, 2013

FC refuses to use s. 52 of the Patent Act to Amend a Patent

F Hoffmann-La Roche AG v Commissioner of Patents, 2013 FC 1001.   Background This is an application for an order pursuant to s. 20 of the […]
October 18, 2013

FC Judge Utilizes File Wrapper to Construe Claims

Distrimedic Inc v Dispill Inc. 2013 FC 1043  Background  The patent at issue is Canadian Patent No. 2,207,045. The product is a kit for the manufacture […]
October 8, 2013

FC Invalidates Novartis Patent for Being Unpatentable Subject Matter (Affirmed on Appeal)

Novartis Pharmaceuticals Canada Inc. v Cobalt Pharmaceuticals Company [2013 FC 985] Affirmed on Appeal [2014 FCA 17] Background This is an application under the NOC regulations […]
October 2, 2013

PAB Holds Computer-Implemented Method of Fraud Detection Is Not Statutory Subject Matter

Re. Patent Application No. 2,144,068, CD 1339 This decision was a review by the Patent Appeal Board of the Examiner’s final rejection in respect of Canadian […]
October 2, 2013

PAB Refuses Patent for Distributed Content Electronic Commerce for Obviousness

Re Patent Application 2,222,229 [CD 1341]   Background The PAB dealt with a Final Action on patent application number 2,222,229 which was entitled “SYSTEM AND METHOD FOR […]
October 1, 2013

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

Re: Patent Application No. 2,248,228  [CD 1340] Background The Commissioner of Patents reviewed the decision of the PAB relating to patent application 2,248,228 entitled ‘METHOD OF […]
October 1, 2013

PAB Holds Computer-Implemented Method of Standardizing Bills of Resources Not Patentable Subject Matter

Re. Patent Application No. 2,304,195, CD 1338 This decision was a review by the Patent Appeal Board (PAB) of the final rejection of patent application no. […]
October 1, 2013

PAB Declares Patent Invalid on Basis of Obviousness, Lack of Inventiveness, and for Having an Indefinite Scope

Re: Patent Application No. 2,285,834 [CD 1337] Background The Patent application 2,285,834 was filed on October 13, 1999 based on a US priority application no. 09/182,020 filed on […]
September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background  In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]
September 20, 2013

Brushpoint Innovations Inc. Found not to have Breached Settlement Agreement by Purchasing and Selling Outside of the Jurisdiction Covered by the Settlement Agreement

The Procter & Gamble Company, Procter & Gamble Inc. v Brushpoint Innovations Inc. [2013 ONSC 5747]   Background In the fall of 2012 the applicants sued […]