Patents

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.
July 2, 2019
Vials containing pharmaceuticals (drugs)

Oxymorphone Patent Is Not Obvious, Federal Circuit Confirms

CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”
June 28, 2019

The Rainbow Flag, Trademarks and Commitment to Diversity

June has been international pride month where rainbow flags are raised in unity, including at PCK Intellectual Property.