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Daily Intellectual Property News

Daily intellectual property news delivered to your email inbox. Over 1200 IP professionals, including lawyers in private practice, in-house counsel, law clerks and lawyers at government agencies use this daily email to keep up to date on intellectual property law developments.

Sign up to receive daily updates on intellectual property in Canada, including new IP decisions, new actions, daily activity on files you are interested in, new Patent Appeal Board decisions, new TMOB decisions, etc. Existing subscribers can manage their subscriptions to receive some or all of these alerts depending on their interest. Highlights are also available on the IPPractice.ca blog. If you are interested, you can view a sample email or subscribe. Current subscribers can modify their subscription preferences.

Patent Retriever

You can use the patent retriever to receive PDF copies by email of most patent and published patent applications from around the world, including Canadian and from the United States. You can also obtain Canadian Patent Appeal Board decisions, United States re-issue patents and United States design patents.

Federal Court docket browser

Browse the recorded entries for Canada’s Federal Court and Federal Court of Appeal. While some of this information is available directly from the Courts’ websites, this browser includes links to related proceedings, reported decisions, and links to the intellectual property at issue.

Federal Court and Federal Court of Appeal hearings

A list of intellectual property hearings this week in the Federal Court and the Federal Court of Appeal, as well as all scheduled intellectual property trials, judicial reviews (including PM(NOC) hearings), and appeals to the Federal Court of Appeal.

Patent and Trademark Statistics

Various statistics on patents and trademarks in Canada, including rankings of agents in Canada by volume of applications, and old act patents.

Litigation Statistics

Investigate litigation before the Federal Court and Federal Court of Appeal, including lists of all intellectual properties actions in the courts and the status of the actions.

Copyright

An Order in Council has fixed December 30th as the day on which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 comes into force to extend certain terms of copyright protection from 50 years to 70 years after the life of the author. …Read More

TMOB

CIPO has announced a consultation on Trademark Opposition Board procedures, including costs awards, confidentiality and case management. …Read More

US Supreme Court

Earlier today, the US Supreme Court agreed to take up Jack Daniel’s Properties, Inc. v. VIP Products LLC on “whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims”. The defendant sells a “Bad Spaniels” squeaky dog toy.

Supreme Court

Today, the Supreme Court issued its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 regarding the quantification of an accounting of profits as a result of patent infringement. The majority dismissed the appeal with a focus on the ‘non-infringing option’: “a non-infringing option helps courts isolate the profits causally attributable to the invention from the profits which arose at the same time the infringing product was used or sold, but which are not causally attributable to the invention.” The majority also upheld springboard profits, saying, “a portion of such post-expiry profits may be causally attributable to infringement of the invention.” …Read More

US Supreme Court

On Friday, the US Supreme Court granted review in two IP cases:

Canadian Intellectual Property