Patent and Design Change

Bill C-43, a budget bill that includes changes to the Patent Act and Industrial Design Act, has received royal assent. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

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Judicial Appointments

The Honourable Simon Fothergill, counsel with the Privy Council Office, was appointed to the Federal Court today. The Honourable C. Michael Ryer, counsel to Deloitte Tax Law LLP was appointed to the Federal Court of Appeal. Appointments were also made today to courts in Alberta, Quebec, New Brunswick and British Columbia.

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Anti-Counterfeiting

Bill C-8, Combating Counterfeit Products Act received royal assent earlier today. The legislation is primarily directed to counterfeit goods, including border enforcement, criminal provisions and civil remedies though amendments to the Copyright Act and Trade-marks Act. The amendments were previously introduced as Bill C-56 in 2013.

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Standard Essential Patents

Earlier today, the US Court of Appeals for the Federal Circuit released its decision in Ericsson, Inc. v. D-Link Systems, Inc. relating to standard essential patents on the 802.11(n) wireless standard. Ericsson had committed to RAND license terms on its patents and the court considered what RAND royalty rate would be appropriate.

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PM(NOC) Regulations

Industry Canada has indicated that changes will be made to the Patented Medicine (Notice of Compliance) Regulations relating to the listing of patents on the Patent Register claiming single medicinal ingredients found in combination drugs.

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Third Round

On Friday, the United States Court of Appeals for the Federal Circuit held in Ultramercial, Inc. v. Hulu LLC that the claims to a method of distributing copyrighted media over the Internet were directed to unpatentable subject matter . The U.S. Supreme Court had previously remanded the proceeding back to the CAFC after Myriad and again after Alice when, in both previous cases, the court had found the claims patentable. Continue Reading »

Gene Patents

As indicated below, Children’s Hospital of Eastern Ontario (CHEO) has started litigation against the University of Utah Research Foundation, Genzyme Genetics and Yale University. The litigation seeks a declaration of non-infringement and invalidity of certain patents relating to Long QT Syndrome genes, including on the basis of non-patentable subject matter. Continue Reading »

SCC

Tomorrow, the Supreme Court of Canada was scheduled to hear arguments in Apotex Inc., et al. v. Sanofi-Aventis, et al. (Plavix/clopidogrel), including on the issue of patent utility/promise but this afternoon the Court announced that the hearing will NOT go ahead. Apotex has discontinued its appeal. Continue Reading »

Ontario Court Practice Changes

The Ontario Superior Court has published a practice advisory relating to motions practice in Toronto. Motion Scheduling Court will be rebranded as Civil Practice Court with additional case management as part of an initiative to address “motions culture” in Toronto. Changes come into effect on November 10, 2014.

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Patent and Design Changes

As part of the government’s latest budget bill, C-43, proposed changes to the Patent Act and the Industrial Design Act have been introduced. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs. Continue Reading »