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Intellectual Property

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Thursday, January 19, 2017 @ 07:00 PM

Patent 'file wrapper' ban showing its age

For decades, Canadian patentees have benefited from a particular type of immunity when asserting their patents in court: whatever was said to the patent office about the scope of the patented monopoly sought stays in the patent office. ... [read more]

Thursday, January 19, 2017 @ 07:00 PM

The new frontier of social media property rights

When Donald Trump was formally inaugurated on Jan. 20, 2017, it was the first time in history that a presidential Twitter account changed hands. The @POTUS account and its 11 million followers will be transferred from the 44th POTUS to the 45th POTUS. All of President Obama’s tweets will migrate to a new account with the handle @POTUS44. Similar arrangements have been made for other presidential social media accounts. ... [read more]

Thursday, November 24, 2016 @ 07:00 PM

Canada’s fast track to patent protection

Quickly and efficiently obtaining a Canadian patent can be a strategic option to dissuade potential patent infringers. Investel Capital Corp., a Vancouver-based company, took advantage of Canada’s advanced examination process to obtain a patent in a little over a year from its request. ... [read more]

Thursday, November 24, 2016 @ 07:00 PM

Jail time used in trademark enforcement

Smoke shop owner refused to participate and breached terms of contempt order ... [read more]

Thursday, November 24, 2016 @ 07:00 PM

Canada's fast track to patent protection

Quickly and efficiently obtaining a Canadian patent can be a strategic option to dissuade potential patent infringers. Investel Capital Corp., a Vancouver-based company, took advantage of Canada’s advanced examination process to obtain a patent in a little over a year from its request. ... [read more]

Thursday, November 10, 2016 @ 07:00 PM

Intellectual Property Law - Patents - Procedure - Judicial review - Grounds

Appeals by two generic drug manufacturers, the Attorney General and the Minister of Health from orders setting aside Notices of Compliance (NOC) issued by the Minister. The Minister issued a NOC to Teva Canada Limited (Teva) for its generic version of exemestane tablets. Pfizer Canada Inc. (Pfizer), who marketed exemestane tablets under the brand name AROMASIN, challenged the Minister’s decision to issue the NOC to Teva. A judge of the Federal Court found that the standard of review of the Minister’s decision was correctness. The Federal Court went on to find that the Minister’s interpretation of the Regulations was incorrect and, as a result, he set aside the NOC issued to Teva. Teva, the Attorney General and the Minister of Health appealed the decision of the Federal Court judge. The Minister also issued a NOC to Hospira for its generic version of 100mg/vial infliximab powder. Janssen, who marketed infliximab under the brand name REMICADE, challenged the Minister’s decision to issue the NOC to Hospira. With the consent of the parties, the Federal Court set aside the decision of the Minister to issue the NOC, without prejudice to any right to appeal. Both Hospira and the Attorney General and the Minister of Health appealed the judgment. ... [read more]

Thursday, October 06, 2016 @ 08:00 PM

Intellectual Property Law - Patents - Defences to infringement - Invalidity of patent - Anticipation (lack of novelty) - Obviousness - Insufficiency of claims - Insufficiency of specifications

Appeal by Nova Chemicals (Nova) from a patent infringement judgment in favour of the respondents, the Dow Chemical companies (Dow). The parties both manufactured polyethylene film-grade copolymers for use in, amongst other things, packaging applications. Dow owned the 705 Patent for fabricated articles made from ethylene polymer blends, such as garbage bags and food wrapping. The 705 Patent purported to meet the identified need to develop polymers that could be formed into thinner films with improved strength properties. Dow alleged that Nova infringed the 705 Patent in respect of its product line, Surpass. Nova challenged the Patent’s validity on the grounds of utility, over-claiming, anticipation, obviousness, double-patenting and insufficiency of the specification. The trial judge confirmed the validity of the 705 Patent. The judge also construed six disputed terms in the patent claims and interpreted competing expert evidence in favour of the conclusion of infringement by Nova. Nova appealed, challenging the judge’s findings regarding validity, the construction of four of the six terms, and the corresponding conclusion of infringement. ... [read more]

Thursday, September 29, 2016 @ 08:00 PM

Court moves to simplify standard of review for prothonotary orders

Intellectual property lawyers are welcoming a move by the Federal Court of Appeal to change and simplify the standard of review applicable to discretionary orders made by prothonotaries. ... [read more]

Thursday, September 15, 2016 @ 08:00 PM

Stairway to copyright heaven

Led Zeppelin’s “Stairway to Heaven,” released in 1971, was the rock anthem for anyone who grew up in the 1970s. In high school gymnasiums across North America, millions of socially awkward teenagers wondered when the DJ would play it during school dances, giving us an excellent excuse to hug that boy or girl you had a crush on. ... [read more]

Thursday, September 15, 2016 @ 08:00 PM

Europe, U.S. reforming trade secret laws

Trade secrets are known to allow businesses to protect confidential and commercially sensitive information in perpetuity. Trade secrets are unique in that they provide protection — free from any registration requirements — so long as they are kept secret. ... [read more]