Canadian Trademark Firms in 2014

About 50,400 trademark applications were filed in Canada in 2014. Of these, about 20% were filed in-house or without an agent (about the same as in the last couple of years). Gowlings, Bereskin & Parr and Smart & Biggar were the firms that filed the most trademark applications. Check out my list of the 50 firms/agents that filed the most applications in 2014.

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Top Patentees in Canada 2014

BlackBerry tops the list once again for receiving the most Canadian patents in the past year. The others in the top five for 2014 were Qualcomm, P&G, General Electric and Schlumberger. Approximately 23,000 Canadian patents were granted last year to approximately 9500 applicants.

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Claim Construction

Today, the United States Supreme Court issued its decision in Teva v. Sandoz regarding the standard of review on claim construction. A majority held that rather than a de novo review, the Court of Appeals must review claim construction for ‘clear error’.

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Biologics

For those following the proceeding between AbbVie and Jansen relating to Stelara, the Court docket indicates a settlement was reached and today the Court issued an order that all claims and counterclaims be dismissed with prejudice. In October, the Federal Court of Appeal had set aside the trial decision and ordered a new trial.

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IP Overhaul

In the past year, legislation in all areas of intellectual property was amended or is in the process of being amended: the Trade-marks Act was amended twice; anti-counterfeiting amendments were made to the Copyright Act and several sections of the Copyright Modernization Act came into force; both the Patent Act and Industrial Design Act were amended to implement the treaties; and amendments to the Plant Breeders’ Rights Act are in the final stages of parliament. I discuss these changes in an article published today.

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Border Enforcement

Sections of the Combating Counterfeit Products Act relating to a new border enforcement regime come into force January 1, 2015, as published today in the Canada Gazette.

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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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