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Intellectual Property

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Thursday, February 22, 2018 @ 3:04 PM

Stewart McKelvey adds associate

David Constantine has been added as an associate at Stewart McKelvey’s office in St. John’s. ... [read more]

Tuesday, February 20, 2018 @ 11:29 AM

Federal Court of Appeal rejects ‘novel argument’ for remedy in patent infringement Michael N

An argument of remedy for patent infringement brought by Apotex Inc. against Bayer Inc. at the Federal Court of Appeal is being called novel and innovative by patent lawyers, but not enough to disrupt the well-established rule for remedy under the Patent Act. ... [read more]

Friday, February 16, 2018 @ 8:52 AM

Canada's patent agreement with Europe extended until 2021 Jenna Wilson sm

As of January, the Patent Prosecution Highway pilot agreement between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (EPO) has been extended for another three years. ... [read more]

Thursday, February 15, 2018 @ 6:48 AM

CBA in midst of revamp; downsizing expected at national office TLD Exclusive

Unbeknownst to most of its rank-and-file members, the Canadian Bar Association (CBA) is poised for a dramatic retooling this year that could cut its fees, pare down its national staff and “non-core” national activities and redirect more cash and delivery of member services to its provincial and territorial branches, The Lawyer’s Daily has learned. ... [read more]

Wednesday, February 14, 2018 @ 11:16 AM

Toronto law firm to take cryptocurrency payments Geoffrey Cher

The decision of a law firm to accept cryptocurrency as a method of payment is a somewhat of a necessity. Geoff Cher, a partner at Wildeboer Dellelce LLP, a Toronto-based business transactional law firm, said the firm has clients of both sides of the fintech equation. ... [read more]

Friday, February 09, 2018 @ 8:41 AM

Case study: Two ways to valuate intellectual property damages two_options_sm

Intellectual property litigation can arise when the intellectual property is allegedly infringed upon. This litigation can involve complex valuations due to the difficulty of estimating the profit that would have been earned. The following is a fictional case study of an infringed patent.The study illustrates two options for plaintiffs, profit loss and accounting of profits, and the implications thereof, as seen by the authors in various past cases. ... [read more]

Wednesday, February 07, 2018 @ 8:44 AM

Software decision shows what can happen between judgment and appeal software_fight_sm

Quebec’s Appeal Court has provided a concise primer in Druide Informatique inc. v. Éditions Québec Amérique inc., 2017 QCCA 2060 on “what happens to your trial judgment pending appeal.” ... [read more]

Wednesday, January 31, 2018 @ 1:19 PM

McCarthy Tétrault announces 18 new partners

Eighteen new members have been added to the ranks of partnership at McCarthy Tétrault LLP. ... [read more]

Tuesday, January 30, 2018 @ 8:56 AM

The surprising owners of ‘Steve Jobs’ trademark rights in Europe steve_jobs_sm

Vincenzo and Giacomo Barbato, clothier brothers from Naples, Italy, are the unlikely owners of the EU trademark for “Steve Jobs” and a related logo after a legal battle with Apple ended with the tech giant losing its opposition to the marks in the European Union Intellectual Property Office. ... [read more]

Wednesday, January 24, 2018 @ 8:25 AM

Valuation of IP based on a royalty stream

Challenges arise in the valuation of intellectual property (IP) due to a number of factors, including: difficulties in estimation of cash flows to be generated from the IP’s use or licensing, particularly for early-stage or disruptive IP; tax considerations due to the ease of migration of IP; and selection of an appropriate discount rate and the quantification of risk. ... [read more]