BlackBerry tops the list once again for receiving the most Canadian patents in the past year, obtaining almost twice as many patents as the second place applicant. The others in the top five for 2015 were Qualcomm, Halliburton Energy Services, General Electric and Schlumberger. Approximately 21,000 Canadian patents were granted last year to approximately 9000 applicants. Continue reading Top Patentees
NAFTA Arbitration
The rejoinder submissions and evidence of the Canadian Government has been posted in Eli Lilly’s NAFTA Chapter 11 arbitration against the Canadian government relating to the utility of Eli Lilly’s Zyprexa and Strattera patents. Continue reading NAFTA Arbitration
SCC and Technological Neutrality
The Supreme Court of Canada released an important ruling today on the role of technological neutrality in copyright law. In a 7-2 split decision in Canadian Broadcasting Corporation/Société Radio-Canada v. SODRAC 2003 Inc., et al., Justice Rothstein writing for the majority affirmed the principle of technological neutrality and held that royalties must be paid for ephemeral copies of works made by broadcasters for the purpose of facilitating broadcasting. However the majority also remanded a determination of the value of the licenses for those copyrights to the Copyright Board in order to take into account technological neutrality. A strong dissent by Justice Abella (agreed to in part by Justice Karakatsanis) disagreed that copyright applied to ephemeral copies, at all.
Continue reading SCC and Technological Neutrality
TPP
Last week, the official text of the Trans-Pacific Partnership was posted, including the chapter on Intellectual Property and various related side instruments. The new Liberal government has said it will review the agreement and have consultations.
Double Patenting
Double patenting arose to deal with ‘evergreening’ of patent rights. I discuss the application of double patenting with ‘New Act’ patents in my latest column for Slaw.
Continue reading Double Patenting
TPP
A copy of the intellectual property chapter of the Trans-Pacific Partnership Agreement has been posted by Wikileaks. The chapter includes the details on the issues of trademarks, patents, pharmaceutical products, biologics, copyright, IP enforcement, border measures and ISPs. See my earlier post on the TPP.
Australian Myriad
Australia’s highest court has issued its decision in D’Arcy v Myriad Genetics Inc, allowing the appeal and holding that claims directed to the BRCA1 gene be revoked on the basis that the substance of the claim “is information embodied in arrangements of nucleotides” and not a “manner of manufacture.” Continue reading Australian Myriad
TPP
Twelve countries, including Canada, have agreed to the Trans-Pacific Partnership. No text has been released yet but reports are that protection of biologics was one of the final sticking points. The government has posted a high level summary on the IP issues in the agreement. Continue reading TPP
Costs
The Federal Court has issued a discussion paper on costs in the Federal Court. A subcommittee of the Federal Courts Rules committee is seeking comments by November 23, 2015 on costs, including on addressing improper, vexatious and unnecessary litigation, access to justice and methods of calculating costs.
NAFTA Arbitration
Eli Lilly has filed its reply submissions and evidence in its NAFTA Chapter 11 arbitration against the Canadian government relating to the utility of Lilly’s Zyprexa and Strattera patents. Continue reading NAFTA Arbitration