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Intellectual Property


Thursday, November 02, 2017 @ 8:58 AM

Medical diagnostic inventions excluded from the Canadian innovation agenda medical_diagnositcs_sm

Since the 2015 release of patent examination guidelines for diagnostic methods, the Canadian Intellectual Property Office (CIPO) has rejected most patent claims for diagnostic methods. Until 2012 patents were granted for diagnostic inventions that were found to be novel, inventive and useful. In 2012, examination of diagnostic patent applications mysteriously ceased. ... [read more]

Monday, October 30, 2017 @ 9:37 AM

Claiming use goes beyond showing use as a trademark filing basis in Canada

In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods within a particular class.   ... [read more]

Thursday, October 26, 2017 @ 8:37 AM

PATENTS - Application - Infringement - Defences to infringement - Procedure - Appeals

Appeal by Apotex from refusal of partial summary judgment. ... [read more]

Wednesday, October 25, 2017 @ 9:01 AM

Copyright Act review: Netflix, free streaming and the ‘monkey selfie’ copyright_review

It has been a relatively quiet year for copyright law in Canada, but it is ending with a relative bang with the statutory five-year review of the Copyright Act and the Creative Canada initiative. This article will take a brief look at both developments primarily through the lens of a lawyer who represents creators. ... [read more]

Wednesday, October 18, 2017 @ 9:03 AM

The significance of ‘pipefill’ in two generic drug damages awards

In early 2017 the Federal Court issued decisions involving two significant damages awards under s. 8 of the Patented Medicines (Notice of Compliance) Regulations. An important component of these damages awards related to the concept of “pipefill.” ... [read more]

Tuesday, October 17, 2017 @ 3:46 PM

Gale wins Intellectual Property Institute of Canada Awards

An associate with Bereskin & Parr LLP took home two honours from the Intellectual Property Institute of Canada (IPIC) Foundation awards. ... [read more]

Friday, October 13, 2017 @ 11:18 AM

Federal Court of Appeal rules under-payment of fee didn't invalidate patent

In what was described as likely the first and last court proceeding to be undertaken under provisions of an old version of Canada’s Patent Act, the Federal Court of Appeal upheld a lower court’s decision that failure to pay the full fee for the patent of a medication did not render the patent invalid. ... [read more]

Friday, October 13, 2017 @ 8:40 AM

Courts get serious about quantifying reasonable royalties in patent litigation Royalty_percentage_sm

Until recently, there had been few reported Canadian patent infringement decisions dealing with reasonable royalties. This has changed in the past several years. This article looks at some of the key developments in this area of patent infringement financial remedies. ... [read more]

Tuesday, October 10, 2017 @ 8:45 AM

COPYRIGHT - Protected subject matter - Artistic works - Paintings, drawings, plans, maps, charts - Ownership - Crown - Industrial designs

Appeal by the plaintiff, Keatley Surveying, from summary judgment dismissing its class action against the defendant, Teranet. ... [read more]

Wednesday, October 04, 2017 @ 11:30 AM

Ontario Court of Appeal upholds Crown copyright in Teranet decision Teresa Scassa sm

The Ontario Court of Appeal has upheld a lower court’s decision dismissing a class action lawsuit against Teranet Inc., the company that manages the province’s electronic land registration system (ELRS). ... [read more]