Validity

September 6, 2016

Patent Application for Blackjack Variation Rejected as Unpatentable Subject Matter

In Re Smith, (Fed. Cir. 2015-1664) - A patent application for a variation on the blackjack game was rejected as unpatentable after the CAFC applied the two-step test for patentable subject matter from Mayo and Alice.
August 8, 2016

FC Calls on Opening Canadian Patent Prosecution File Histories for Claim Construction

2016 FC 883 - The Federal Court followed the longstanding rule against the use of patent prosecution file history in interpreting the claims of a patent, but made a strong case for why the patent prosecution file history is worth considering, as is common practice in the U.S.
May 6, 2016

Law Remains Unsettled Regarding Appropriate Date for Assessing Obviousness-type Double Patenting

2015 FC 875 - The FC noted that the law is unsettled when it comes to determining the appropriate date for assessing obvious-type double patenting.
July 3, 2013

FC Construes Claim, Holds “a” Means “one”

Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. – 2013 FC 616 This action concerns allegations of infringement of two Canadian Patents No. 2,258,064 (064 […]