Validity

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.