United States

October 11, 2019
Close up photo of an automotive hub cap and tire of a car.

Automotive Patent Overturned As “Monstrous” §101 Grows Another Head

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 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 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 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.
August 16, 2019
A statue of Lady Justice.

US Supreme Court Lifts Ban on Profane Trademarks

SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.
July 19, 2019
Online shopping, keyboard

Ontario Court Backs American Decision to Penalize Online Counterfeiter

Dead End Survival, LLC v  Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
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 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 11, 2019
avx

CAFC Refuses to Hear Appeal from Patent Decision

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 […]