Case summaries and articles about patents.
- Filter by
- Categories
- Tags
- Show all
- Article
- Confusion
- Contract
- Copyright
- Corporate
- Domain Names
- Employment
- Expungement
- Expungement
- Grey Marketing
- Industrial Designs
- Licensing
- Obviousness
- Opposition
- Passing Off
- Patent
- Patent Infringement
- Patent Strategy
- PM(NOC)
- Procedure
- Prosecution
- recognition
- Services
- Summary
- Trade Secrets
- Trade-mark
- Use
- Validity
- 35 US Code §101
- 3D printing
- Abandonment
- abstract theorems
- Abuse of Process
- Accounting of Profits
- acquired distinctiveness
- actions
- actual notice
- agreement
- Alice/Mayo Test
- Ambiguity
- Amendments
- Anticipation
- Appeal
- Apple
- application
- application fee
- arbitrary
- arbitration
- Artificial Intelligence
- Assignment
- Australia
- Bad Faith
- Bargain Theory
- Bill C-31
- Bill C-43
- Bill C-8
- Bill C-86
- Biologics
- biosimilar
- Biotech Patents
- Blockchain
- border measures
- Brand
- broadcasting
- budget
- burden of proof
- business
- CAFC
- Canada
- Canada Gazette
- Cannabis Law
- causal link
- cdrp
- CEEO
- Certificate of Supplementary Protection
- champerty
- Chemical Patent
- chemistry
- ciba
- CIPO
- CIPO errors
- CIRA
- Claim Construction
- Class Actions
- clerical error
- collateral estoppel
- College of Patent Agents and Trademark Agents
- combination drugs
- commissioner
- Common General Knowledge
- Complete Code
- Confidential Information
- confidentiality
- confidentiality order
- Conflict of Interest
- Confusion
- Constitution
- consumer goods
- contract
- contributory infringement
- Copyright
- Copyright Infringement
- copyright test
- corrections
- Costs
- counterfeit
- Court of Appeals for the Federal Circuit
- COVID-19
- CSP
- cybersecurity
- Damages
- Data
- Data Protection
- deadline
- defamation
- defences
- Delay to Market Entry
- descriptive
- Design Patents
- deviation
- digital infringement
- disclosure
- Discovery
- Distinctiveness
- Diversity
- division of powers
- divisionals
- DNA Patents
- domain names
- dominant feature
- Dosage Range
- Double Patenting
- doubtful cases
- Due Care
- Duty of Candor
- E-Commerce
- Early dismissal
- economics
- Employment
- errors
- essentiality of elements
- Ethics
- Europe
- Events
- Evidence
- examination quality
- examination statistics
- Examiner
- Expedited Examination
- Expert Blinding
- Expert Evidence
- expiry
- Expungement
- extraterritoriality
- Fair Use
- federal circuit
- Federal Court
- Federal Court of Appeal
- fees
- file wrapper
- Filing
- filing date
- filing fee
- financial services
- Food and Drug Regulations
- Foreign Filing License
- foreign issue estoppel
- forum selection
- fraud
- Free World Trust
- frivolous
- funding
- future infringement
- generics
- geographical indications
- Good Faith
- goods
- Government
- Grace Period
- grey marketing
- Hague
- Hatch-Waxman
- Health Canada
- Hearsay
- Honest Contractual Performance
- ICSID
- Improver
- Indefiniteness
- Inducement
- Industrial Designs
- inherent distinctiveness
- Injunction
- Injunctions
- Innovation
- Innovative Drugs
- Insufficient Disclosure
- Intellectual Property
- intent
- Inter Partes Review
- interlocutory injunction
- Internet
- Internship
- Investors
- IP Lawyer
- IP Strategy
- IPIC
- IPO
- ISP
- IT patent
- ITC
- Jurisdiction
- Late fee
- Legal Retainer
- legal test
- Legislative Reform
- Liability
- Licensing
- life science
- limitation periods
- Litigation
- litigation funding agreement
- Madrid Protocol
- Maintenance Fee
- Marking Requirement
- materiality
- medical
- method
- Methods of Medical Treatment
- misleading
- motion
- Motion to dismiss
- Motion to strike
- NAFTA
- national phase entry
- Natural Health Product
- new evidence
- Non-Infringing Alternative
- Non-Practicing Entity
- notice of allegation
- notice to rectify
- Novelty
- obivous error
- Obviousness
- Official Marks
- On-Sale Bar
- ontario
- Overbreadth
- Ownership & Inventorship
- Passing Off
- Patent Act
- Patent Agents
- Patent Appeal Board
- Patent Application
- Patent Drafting
- Patent Infringement
- Patent Litigation
- Patent Office
- patent office errors
- patent prosecution
- patent requirement
- Patent Rules
- Patent Strategy
- Patent Term Adjustment
- Patent Textbook
- Patent Trial and Appeal Board
- Patent Trolls
- patentability
- Patentable Subject Matter
- Patents
- PCT
- Pharmaceutical Patent
- Pharmaceutical Pricing
- PLT
- PM(NOC)
- PM(NOC) Damages
- PMPRB
- POSITA
- pride
- prior art
- Prior Disclosure
- prior use
- Priority
- Privilege
- procedure
- Product Specificity
- prohibited marks
- Promise Doctrine
- proprietor
- Prosecution
- Prosecution History
- protective order
- prothonotaries
- Provisional Patent
- public sale
- Public Servant
- Punitive Damages
- Recognition
- registration
- Reinstatement
- Reissue
- Remedies
- representation
- request for correction
- requisition
- responding
- review
- risk
- Royalties
- s. 27
- s. 45
- s. 53
- sale
- Scheduling
- Scholarship
- SCOTUS
- second person
- Secondary Infringement
- secondary meaning
- secret sale
- Section 45
- security
- Selection Patents
- Services
- settlement
- Site-Blocking Orders
- skilled person
- Software
- Software Copyright
- Software Patent
- Sound Prediction
- Specification
- sponsorship
- Springboard Profits
- SRED
- Standard of Proof
- Standard of Review
- Standard-Essential Patents
- standing
- standing to appeal
- Start-up
- Startups
- Statute of Monopolies
- stay
- Strategy
- Sufficiency
- Summary Judgment
- superior court
- Supreme Court of Canada
- surname
- Technology
- Telecommunications
- time frame
- TPP
- Trade Secrets
- Trademark
- Trademark Infringement
- Trademark Licensing
- Trademark Opposition
- Trademark Trial and Appeal Board
- Trademarks Act
- treaty
- UK
- United Kingdom
- United States
- Use
- useful article
- USMCA
- USPTO
- Utility
- Validity
- Variant
- Velocity
- vexatious
- who's who legal
- Written Description
July 25, 2017
July 25, 2017
Pollard Banknote Limited v Babn Technologies Corp, 2016 FC 1193 Poor conduct during patent litigation can result in significantly elevated costs awards, even if the conduct […]
July 18, 2017
July 18, 2017
2016 FC 606 - The FC dismissed TearLab’s application for an interlocutory injunction preventing I-MED from selling its i-Pen System, and ordered TearLab to pay security for costs.
July 5, 2017
July 5, 2017
2016 FC 525 - The Federal Court granted Celltrion’s motion to strike Janssen’s application pursuant to section 6(5)(b) of the PM(NOC) Regulations.
June 30, 2017
June 30, 2017
2017 SCC 36 - The Supreme Court of Canada struck down the “promise doctrine” of Canadian patent law in favour of merely requiring a single use related to the nature of the subject-matter of the invention having a scintilla of utility.
June 27, 2017
June 27, 2017
Case No. UNCT/14/2 - An ICSID Tribunal dismissed Eli Lilly’s claim against Canada, which was brought in relation to two Canadian patents owned by Eli Lilly that had been invalidated for failing to provide the utility they promised.
June 20, 2017
June 20, 2017
2016 FC 1279 - The FC found that API violated section 7(a) of the Trade-marks Act by making false or misleading statements tending to discredit the business, goods, or services of Excalibre, when it sent cease and desist letters to some of Excalibre’s customers.
June 13, 2017
June 13, 2017
2016 FC 382 - The FC concluded that Apotex’s allegations of non-infringement in respect of Shire's Canadian Patent were justified and accordingly denied Shire’s requested prohibition order.
June 6, 2017
June 6, 2017
2016 FC 344 - Apotex alleged in its Notice of Allegation and submissions that the ‘632 Patent was invalid because it was obvious and lacked utility. The FC found that the allegation was justified.
May 30, 2017
May 30, 2017
2016 FCA 155 - The FCA overturned a FC decision in which it was held that the parties had settled the litigation, and had issued an order enforcing the terms of the settlement. The FCA found that a settlement had not in fact been reached, set aside the FC’s order and granted Apotex its appeal and costs.
May 23, 2017
May 23, 2017
581 U.S. ___ (2017) - SCOTUS reaffirmed one of its previous holdings to find that the proper venue for bringing a patent infringement suit against a domestic corporation is either where the defendant resides, or where the defendant has committed acts of infringement and has a regular place of business.
May 16, 2017
May 16, 2017
2017 FC 350 - The Federal Court outlined in this decision how the Dow Chemical Company should be compensated by Nova Chemicals Corporation for its infringement of Dow’s patent.
May 9, 2017
May 9, 2017
2017 ONSC 224 - Apotex sought compensation from Eli Lilly for damages suffered for delayed entry to the market for its generic version of olanzapine; the ONSC ordered Eli Lilly to pay Apotex a total of $20,000.
May 2, 2017
May 2, 2017
2017 FCA 9 - The FCA affirmed the FC decision that AstraZeneca’s patent was valid and infringed, accepted Apotex’s appeal with respects to limitation periods, and rejected AstraZeneca’s cross-appeal regarding punitive damages.
April 25, 2017
April 25, 2017
2016 FC 593 - The FC awarded Janssen Canada and Janssen US almost $19 million in total damages for Teva's infringement of a Japanese entity's patent, for which Janssen US had never even exercised its licence in Canada.
April 11, 2017
April 11, 2017
2016 FC 320 - The FC found that many of the claims in Uponor’s patent were invalid, rejected the untrue material allegation argument and found that several of the remaining claims were infringed by Heatlink and Pexcor.
April 4, 2017
April 4, 2017
2017 FCA 23 - The FCA found that the FC had erred by rejecting the relevance of non-infringing alternatives available to Apotex, so as to reduce the accounting of profits award to ADIR for infringement of its patent. The single issue was remitted back to the FC.
March 28, 2017
March 28, 2017
2017 FCA 25 - The FCA dismissed Nova’s appeal of a FC judgment, which awarded Dow $6.5 million for costs in their successful action for patent infringement.
March 23, 2017
March 23, 2017
2017 Budget Plan - The Canadian Federal Government announced its Budget Plan for 2017, which proposes a number of positive changes to the Canadian intellectual property regime.
March 14, 2017
March 14, 2017
2015 FC 1237 - The FC heard and granted an application by Leo Pharma to prohibit Teva Canada from being issued a Notice of Compliance under the PM(NOC) Regulations.
March 10, 2017
March 10, 2017
2016 FC 1092 - The FC heard and granted an order to vary the records of the Patent Office for Canadian Patent No. 2,630,594, but refused to order the recording of documents to it.