Validity

August 18, 2022
A thermometer is shown on a pile of pharmaceutical pills.

Selection Patent for Apixaban Upheld by Federal Court of Appeal

2022 FCA 142: The Court also commented on the relevant date for determining if an invention has been sufficiently described in the patent application.
June 30, 2022
Photograph of a silhouette of a pumpjack in an oil field.

Inventor Fails to Extract a Win on Appeal Against Oil Producer MEG

2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
June 20, 2022
Photograph of three baseballs on the grass, representing three strikes.

Three Strikes: Federal Court Rejects CIPO’s Approach to Software Patent Eligibility

2022 FC 923: For the third time since 2011, CIPO’s approach to software patent eligibility has been struck down by the Federal Court.
March 7, 2022
A photo of two TSA-approved luggage locks bearing the red Travel Sentry logo.

Maker of Travel Locks Fails to Revive Patents on Appeal

Travel Sentry, Inc. v David A. Tropp, No. 2021-1908 (Fed. Cir., Feb. 14, 2022). The patents claimed an economic practice and method of organizing human activity, which is not subject-matter that can be protected under the patent system.
February 24, 2022
Photograph of a computer user typing on a laptop

Courts Must Consider Patent Examiner’s Interpretation of Claims

The US CAFC ruled that an examiner is a "person of ordinary skill in the art" and is owed an appropriate level of deference.
January 24, 2022
Photo of a pharmacist holding out a yellow pill in one hand and a white pill in another hand. A patient reaches for the yellow pill.

Teva Blocks Competitor With Patent for 40 mg/mL Dose of Copaxone®

Outside Canada, Teva’s Copaxone® 40mg/mL dosing patents have been invalidated for obviousness, making way for generic competitors.
December 6, 2021
Photograph of two people shaking hands.

Scope of Patent Agent Privilege Considered in FCC Decision

The Federal Court has limited the scope of patent agent privilege to communications directly related to the protection of patent rights.
November 2, 2021
Photo of a hand holding a credit card above a laptop keyboard.

Apple and Visa Persuade Federal Circuit to Invalidate Patents for Secure-Payment

Fed. Cir. No. 2020-2044: The Federal Circuit found that the patents were directed to an abstract idea, with no additional elements to transform them into patentable subject-matter.
August 9, 2021
Photograph of an auto-injector needle with a drop of liquid at the tip of the needle.

Federal Court of Appeal Reaffirms Overbreadth as Grounds for Invalidity

2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
March 26, 2021
Photograph of an oil and gas pump.

Federal Court Applies Its Own Claim Construction to Infringement Case

2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.
March 3, 2021
Model of a human brain photographed in an anatomy lab.

A Closer Look: CAFC Finds Immersion Photography Claims Are Obvious

Fed Cir, 2019-1927: The CAFC overturned a finding of non-obviousness by the US Patent Trial and Appeal Board on a patent owned by Melanoscan, LLC.
November 16, 2020
An orange backhoe on a construction site with mountains in the background.

Federal Court Finds Patent Obvious in Summary Judgment

2020 FC 997: In a summary judgement for patent impeachment, Canada's Federal Court found a patent for heating hydraulic booms to be invalid for obviousness.
April 16, 2020
Photograph of white pharmaceutical pills on a blue background.

Prima Facie Obviousness Established From Similar Compounds, Overlapping pH

Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
March 9, 2020
Photograph of an IV drip delivering a pharmaceutical to a patient in a hospital.

Contested Remicade Patent Will Head Back to Court in June

2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
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 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.
June 11, 2019
Legal textbooks on a shelf

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 […]
May 7, 2019
Abstract three-dimensional design resembling building blocks

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 12, 2019
Trains in a train yard

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.