Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923....Read More
But-For Result in Prohibition Proceeding Does Not Give Rise to Section 8 Claim for Damages
The Ontario Superior Court recently dismissed a claim for damages brought by Apotex under section 8 of the Patented Medicines (Notice of...Read More
Slips of the pen do not restore Janssen’s Zytiga Monopoly
In Janssen Inc v Apotex et al., 2022 FCA 184, the Federal Court of Appeal affirmed the invalidity of Canadian Patent No....Read More
Onus is on (you) to Further Restrict a Protective Order
In Janssen Pharmaceutica N.V. v Apotex Inc., 2022 FC 1262, Case Management Judge Trent Horne held that where parties cannot agree on...Read More
In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a...Read More
Clean Sweep for Teva in VELCADE Patent Action
In a Judgment dated July 18, 2018, Justice Locke allowed Teva’s claim for section 8 damages in relation to its bortezomib product,...Read More
Federal Court Sets Aside B-side Trademark for Beau’s Beer
In Steelbird Ghetto Properties LLC v. Beau’s All Natural Brewing Company Ltd, Steelbird Ghetto Properties LLC sought an Order striking the trademark...Read More
US Supreme Court Clarifies Law of Ambiguity
The US Supreme Court has restated the test for determining whether a patent claim is indefinite (or ambiguous) in its recent decision...Read More
US CAFC squelches patent for cloned sheep
The Court of Appeals for the Federal Circuit Court recently upheld the USPTO’s rejection of patent claims directed to cloned farm animals...Read More