I was away last week on vacation and unfortunately my computer failed while I was away. It is up and running now and today’s email should include all the updates for the past week. Sorry for the interruption!
Category Archives: Daily Alert
Patentable Subject Matter Update
Earlier today, the United States Supreme Court announced that it would be hearing the appeal in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Amazon.com hearing before the Federal Court of Appeal is scheduled for tomorrow in Toronto.
US Supreme Court rules on presumption of validity
The U.S. Supreme Court issued its decision in Microsoft v. i4i (PDF) and held in favour of i4i, upholding the “clear and convincing evidence” standard of evidence needed overcome the presumption of validity in an issued patent. Continue reading US Supreme Court rules on presumption of validity
Discussion paper on changes to Federal Courts Rules
The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by June 24, 2011July 15, 2011.
Continue reading Discussion paper on changes to Federal Courts Rules
New Features
There are two new features to help you manage the IPPractice.ca daily email and avoid missing any updates. You can now 1) select to receive the daily email even if there are no substantive updates to report; and 2) access an archive of your IPPractice.ca daily emails. Both options are available through the Email Manager. Continue reading New Features
U.S. Supreme Court on induced infringement
Earlier today, the United States Supreme Court released a decision in Global-Tech Appliances, inc. v. SEB S.A. (PDF) on the test for inducement of infringement. The majority held that induced infringement requires knowledge that the induced acts constitute patent infringement.
Use of technology at the Federal Court
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by June 17, 2011July 15, 2011.
Masterpiece decision released by SCC
Earlier today, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 relating to the analysis of likelihood of confusion between trademarks. The decision is an appeal from the Federal Court of Appeal in 2009 FCA 290.
En banc CAFC rules on inequitable conduct
The U.S. Court of Appeals for the Federal Circuit released its en banc decision in Therasense (PDF). The majority held that the defendant must prove the applicant misrepresented or omitted material with a specific intent to deceive the patent office to be successful with an inequitable conduct defence.
SCC to release decision in Masterpiece
The Supreme Court of Canada announced that it will be releasing its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. on Thursday, May 26. The case is an appeal from the Federal Court of Appeal decision in 2009 FCA 290 and relates to the likelihood of confusion between trademarks. Continue reading SCC to release decision in Masterpiece