Patents
Case summaries and articles about patents.
January 23, 2020
2019 SCC 65, 2019 SCC 66 - The new standard of review will be applied to decisions by the Patent Office, Trademark Office, PAB, and TTAB.
December 19, 2019
Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
December 9, 2019
Is patenting blockchain possible? Do patents detract from the decentralization of blockchain? This article explains the ins and outs of blockchain patents.
November 25, 2019
The rising cost of patented medicines is an important topic in the United States and Canada. In the United States, the White House is promising to...
November 14, 2019
Fed. Cir. 2019-1803 – CAFC sides with Airbus, finding that prior art references may be analogous even if they are outside the "field of endeavour."
October 28, 2019
2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
October 11, 2019
CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
September 30, 2019
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
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
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
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
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 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
CAFC warns that the distinction between assignment and license cannot be determined by “formalities or magic words.”
July 18, 2019
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
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
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
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
June has been international pride month where rainbow flags are raised in unity, including at PCK Intellectual Property.
June 11, 2019
AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]