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Intellectual Property

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Monday, July 30, 2018 @ 9:22 AM

Decision in fracking suit shows importance of assessing general knowledge in patent cases: lawyer Jenna Wilson, Wilson Lue LLP

A recent Federal Court of Appeal decision that overturned a lower court patent infringement ruling is being called illustrative of how a mistake in determining the common general knowledge of a person of an ordinary skill of the art (POSITA) in patent cases can have a “cascading effect” on other parts of the decision. ... [read more]

Friday, July 27, 2018 @ 11:01 AM

Take caution when exploring dark web, Internet symposium told  Mark Penner and Daniel Tobok

Despite the potential for confusion between similar sounding names, the deep web and the dark web are different online spaces, but lawyers should be familiar with both. ... [read more]

Thursday, July 26, 2018 @ 11:35 AM

Mediatube pushes litigation envelope: Ineffective counsel as a ground of appeal blindfoldedlawyer_sm.jpg

The case of Mediatube Corp v. Bell Canada began as a high stakes patent case, with a claim for more than $350 million in damages for infringement of Mediatube’s Internet Protocol Television technology patent. However, five years into the litigation, with Mediatube’s loss at trial headed to the Federal Court of Appeal, the case has turned out to be more about litigation process than complex issues of patent law. ... [read more]

Wednesday, July 25, 2018 @ 12:03 PM

The best high for cannabis companies might come from strong IP rights potluggagetag_sm.jpg

Canada has become the first G7 country to legalize nationwide the purchase and use of recreational cannabis. On June 19, 2018, the Senate passed the final version of the Cannabis Act, also known as Bill C-45, by a vote of 52-29, ending Canada’s 95-year prohibition on cannabis. The law will come into force on October 17, 2018. Regulations under the Act were published on July 11, 2018. ... [read more]

Monday, July 16, 2018 @ 9:20 AM

PATENTS - Criteria for patent protection - Utility

Action by the plaintiff for damages for patent infringement. The plaintiff alleged that the defendants infringed a patent for a “safe gaming system,” the purpose of which was to monitor gaming activities to mitigate problem gambling. ... [read more]

Friday, July 13, 2018 @ 1:56 PM

Google: It’s a verb; it’s a noun; it’s an example of genericide brandnames

Can a brand become so well known that it crosses the boundary and becomes a generic word? When I go to the shoe store, do I shop for “nikes” or do I shop for Nike-brand footwear? ... [read more]

Wednesday, July 11, 2018 @ 9:30 AM

In blockchain we trust Manoncomputerchip_sm.jpg

The first thing we do, let’s disintermediate all the lawyers. Imagine a virtuous world where someone says they would do something and then actually did it. Blockchain promises to revolutionize the economy since the need for virtue simply disappears. ... [read more]

Tuesday, July 10, 2018 @ 12:28 PM

Grey market sales can be restricted, even if not from Mars marsbars_sm.jpg

Grey market goods are the scourge of authorized distributors and manufacturers, since they tend to undercut the authorized channels on price and act as a gateway for counterfeit goods in the supply chain. ... [read more]

Tuesday, July 10, 2018 @ 10:44 AM

Bereskin & Parr adds associate

Andrea Berenbaum has joined Bereskin & Parr’s Toronto office as an associate and member of the firm’s life sciences and patents practice groups. ... [read more]

Tuesday, June 26, 2018 @ 8:52 AM

Prejudgment interest: Challenges and solutions prejudgment_interest_sm

While the prejudgment interest (PJI) regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low, presently generally in the one per cent range, and without compounding. ... [read more]