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.
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.
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’.
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.
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.