Mondaq Canada: Intellectual Property
Norton Rose Fulbright Canada LLP
The Federal Court of Appeal has provided guidance on the meaning of "inventive concept."
Osler, Hoskin & Harcourt LLP
Federal Court of Appeal in Bristol-Myers Squibb Canada Co. v Teva Canada Limited, 2017 FCA 76 upheld Justice Mactavish's decision reported at 2016 FC 580 in a case regarding a patent...
Smart & Biggar/Fetherstonhaugh
The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings...
Dale & Lessmann LLP
The Canadian Intellectual Property Office (CIPO) recently announced six new office practices in relation to industrial designs. Among these, the new practices of permitting color and animation as design...
Gowling WLG
The Applicant, Nintendo, is the manufacturer of the Nintendo DS, 3DS and Wii video game consoles.
Blake, Cassels & Graydon LLP
Trader Corporation (Trader) and CarGurus, Inc. (CarGurus) are competitors in the marketplace for online ads for new and used vehicles.
Field LLP
A patent owner notices that knock-off products are listed for sale on eBay.
MBM Intellectual Property Law
Applying for and obtaining a Canadian patent is somewhat like learning how to play hockey - it can be a complicated process.
MBM Intellectual Property Law
The Intellectual Property Institute of Canada encouraged the federal government to fund a program similar to that of Quebec.
McCarthy Tétrault LLP
If you've ever shopped for a used car, you likely know the two popular services, autotrader.ca and CarGurus.
Gowling WLG
Gowling WLG's intellectual property (IP) experts discuss remedies available in the UK, as part of their 'The basics of patent law' series.
MBM Intellectual Property Law
MediaTube Corp v Bell Canada, 2017 FC 16 appears to provide a promising Canadian judgement that clarifies the assessment of the validity and infringement of an information technology patent with respect to the telecommunications industry.
MBM Intellectual Property Law
Canada and the European Union (EU) officially signed the Comprehensive Economic and Trade Agreement (CETA) on October 30, 2016.
Borden Ladner Gervais LLP
The Court of Appeal dismissed Bristol-Myers Squibb's appeal from the Trial Judge's decision refusing its application for a writ of prohibition on the basis that Teva's allegation of invalidity for obviousness was justified.
MBM Intellectual Property Law
The Federal Court made a sweeping statement in Justice Locke's decision released last Friday that submissions made to the CIPO during patent prosecution can re-emerge to haunt litigants and hit them where it hurts: the wallet.
MBM Intellectual Property Law
Although we may not realize it, each day every one of us interacts with patented inventions. Our phones, cars, and computers contain hundreds of patented components.
MBM Intellectual Property Law
I hear it all the time … "I can't afford to protect my intellectual property." Let me tell you that the reverse is true for a startup … you can't afford NOT to protect your intellectual property!
Bereskin & Parr LLP
It is probably a little appreciated fact that the existing International Searching and Preliminary Examination Authorities were appointed until the end of 2017.
Norton Rose Fulbright Canada LLP
In Trader v CarGurus, 2017 ONSC 1841 (CanLII), the Ontario Court of Justice has opined on a number of points arising out of the 2012 copyright amendments introduced by the Copyright Modernization Act.
Bennett Jones LLP
In a trademark opposition, evidence demonstrating how and for how long a mark has been used in commerce can be critical to protecting against threats to the brand.
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Aird & Berlis LLP
The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly.
Norton Rose Fulbright Canada LLP
The Federal Court dismissed Bristol-Myers Squibb's prohibition application, finding that one of the patents had an overarching promise and lacked utility, and the other patent was "obvious to try." The court also assessed double patenting at the priority date of the later filed patent.
Borden Ladner Gervais LLP
This paper summarizes selected developments in Canadian Internet law during 2016. Internet law is a vast area that continues to develop rapidly. Reference to current legislation, regulatory policies...
Cassels Brock
Under the Patent Act in Canada, an invention must be new and useful to be patentable.
Blake, Cassels & Graydon LLP
The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada.
Norton Rose Fulbright Canada LLP
Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. (collectively, the Defendants) sought summary judgment of Apotex Inc.'s action for damages pursuant to section 8 of the Regulations.
McCarthy Tétrault LLP
In a previous blog post, we briefly discussed the LOT Network's initiative in in the fight against patent assertion entities (PAEs), more commonly known as patent trolls.
Borden Ladner Gervais LLP
In this case, the parties had asked the Court for specific rulings and guidance in calculating Teva's section 8 damages.
Bereskin & Parr LLP
Eli Lilly and Company sued the government as a result of the invalidation, by Canadian courts, of the patents that protected Lilly's drugs Strattera® and Zyprexa®.
Gowling WLG
Gowling WLG's intellectual property (IP) experts discuss remedies available in the UK, as part of their 'The basics of patent law' series.
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