Patents

Case summaries and articles about  patents.

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. […]