CIPO has posted the comments it received relating to its proposed guidance on patentable subject matter. Most of the posted comments are critical of the proposals. Continue reading Comments on CIPO Consultation
Category Archives: Daily Alert
Ramipril Section 8
Decisions were released publicly yesterday in two PM(NOC) Section 8 proceedings. After a joint hearing with Justice Hughes, Justice Snider upheld the validity of Section 8 of the Regulations (in 2012 FC 551). She awarded the recovery of losses to Teva (in 2012 FC 552) and Apotex (in 2012 FC 553) on the assumption that an authorized generic and another generic would have enter the market.
Expert Hot Tubbing
In a decision released May 11, Justice Hughes ordered the concurrent testifying, or “hot tubbing” of expert witnesses. The decision is Apotex v. Astrazeneca Canada, 2012 FC 559 (omeprazole), a PM(NOC) section 8 liability proceeding.
Continue reading Expert Hot Tubbing
CIPO Annual Report
The Canadian Intellectual Property Office has released its 2010-2011 Annual Report which includes reports on progress on client service, backlog and statistics.
Oracle v. Google
A mixed verdict was issued today by the jury in the Oracle v. Google proceeding on the Android system and the Java language. The jury determined that Google has infringed the overall structure, sequence and organization of copyrighted works but the jury did not rule on Google’s “fair use” defence
ECJ on software
The European Court of Justice in SAS Institute Inc. v. World Programming Ltd, C‑406/10 held that functional aspects of software are not an “expression” protected by copyright.
Patents in 2011
The number of patent applications published or that entered national phase in Canada in 2011 was down slightly. Smart & Biggar, Gowlings and Norton Rose remained the top three patent firms by volume of applications for 2011. My list of patents firms by volume is now available for 2011.
Canadian Trademark firms in 2011
Trademark filings for 2011 were up about 7% from 2010. The percentage of trademark applications filed directly by the applicant increased from about 17% in 2010 to about 20% in 2011. My list of the top trademark firms by volume is now available for 2011. Continue reading Canadian Trademark firms in 2011
Australian High Court on ISP liability for copyright infringed
On Friday, the High Court of Australia dismissed an appeal by content companies in Roadshow Films Pty Ltd v iiNet Limited, [2012] HCA 16 (summary) on the basis that under the Australian Copyright Act the ISP was not to be held liable as having authorised infringements by its customers using BitTorrent.
Continue reading Australian High Court on ISP liability for copyright infringed
USSC on Orange Book information
The U.S. Supreme Court issued its decision today in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S on patent listing requirements in the FDA’s “Orange Book” for patented drugs. Caraco, an ANDA filer, brought a counterclaim in Novo’s Hatch-Waxman infringement action seeking an order that Novo correct patent information in the Orange Book on the basis the patent did not claim a use of the drug.