Patents

September 30, 2019
PCK associate, Damian Rolfe, accepts the J. Edward Maybee Memorial Award for achieving the highest overall score in the Canadian Patent Agents Qualifying Examination.

PCK’s Damian Rolfe Awarded Prize for Highest Overall Score in Patent Agents Exam

Damian Rolfe has been honoured with the J. Edward Maybee Memorial Award for achieving the highest overall standing in the Canadian patent agents exam.
September 20, 2019
Macro (close-up) photo of a hazel coloured human eye, eyelashes, and eyelid.

Allergan’s Glaucoma Patents Saved by “Wherein” Clauses

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
Fibre optic cable photographed in the dark

Patent Specification Interpreted as Admission of Common General Knowledge

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.
September 6, 2019
A Coke being poured from a plastic bottle into a glass with ice.

Pepsi Wins Squabble Over Scent-Releasing Trade Secrets

CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.
August 30, 2019
Woman rubs medicinal cream on her skin

Canadian Drug Pricing Regulator Ordered to Reconsider Differin

2019 FCA 196 – In an ongoing dispute between the PMPRB and Galderma, the FCA says the drug pricing regulator erred in its interpretation of the law.
August 23, 2019
A busnisess's empty board room with desk chairs and a table.

What Can Businesses Expect From the US Patent Reforms?

A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
July 22, 2019
Photo of a contract or license being signed.

Despite Contract, License Holder Cannot Sue for Patent Infringement: CAFC

CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”
July 18, 2019
Mail, Postal service

US Postal Service Prohibited from Challenging Mail Sorting Patent

SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 11, 2019
SCOTUS, the supreme court of the United States

US Supreme Court Asked to Resolve “Fundamental State of Disorder” in the Patent System

A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial treatment of patents and fix the US patent system.
July 8, 2019
Computer server, cables, fiber optic cables, electronics, hardware

Federal Circuit Reinstates Software Patents in Favour of Alleged Patent Troll

The CAFC reminds lower courts that software patents are valid where they claim a particular improvement in how the outcome is achieved.