Justice Létourneau of the Federal Court of Appeal is retiring and has tendered his resignation effective December 31, 2012.
Federal Court of Appeal on Inventive Concept
In a decision released Friday, the Federal Court of Appeal held that inventive concept is a question of law and application judges should look to determinations of inventive concept made in prior proceedings.
Continue reading Federal Court of Appeal on Inventive Concept
Patentable Subject Matter
Tomorrow is the one-year anniversary of the Federal Court of Appeal’s Amazon.com decision on patentable subject matter. There are reports that new CIPO Practice Notices on patentable subject matter will be issued after Christmas.
Is the sildenafil patent invalid?
In a decision released today, Justice Zinn held that the Federal Court had jurisdiction to consider Apotex’s impeachment action and motion for summary judgment and declared Pfizer’s patent on Viagra, Canadian Patent No. 2,163,466 invalid.
Rogers, Quebecor, Telus, Bell v. SOCAN
For those interested in the copyright action started yesterday, T-2046-12, the action is a claim for restitution of past copyright tariff payments on ringtones paid by the plaintiffs to SOCAN.
Review of Federal Courts Rules
A subcommittee of the Federal Courts Rules Committee has issued its report on a review of the rules. Some recommendations include revising Rule 3 to focus on resolution rather than ‘determination’, introducing ‘proportionality’ to the Rules, increasing available cost awards and formalizing Practice Notices.
Supreme Court on Viagra
In a decision released today, the Supreme Court of Canada found Pfizer’s patent on sildenafil to be invalid for having an insufficient disclosure contrary to s.27(3) of the Patent Act.
Copyright Act Amendments Enter Force
Most of the amendments to the Copyright Act came into force today with publication in the Canada Gazette. Several sections, including those relating to notice-and-notice provisions for ISPs, are delayed for further regulations and the coming into force of treaties. Continue reading Copyright Act Amendments Enter Force
Quantum Judgment
Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
Missing a daily IPPractice email?
On days when there is no intellectual property events matching your email subscription preferences, the default action is to suppress sending an email. You can elect to receive an email every day in the Email Manager under “Email Options”. You can also view an archive of your last 10 daily emails.