The Federal Court and CIPO will be closed on Monday, September 19 for Her Late Majesty’s State Funeral. Both the Federal Court and CIPO will also be closed on September 30 for National Day for Truth and Reconciliation. Continue reading Closures
As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”
Henceforth, where the Crown is a party to a proceeding, parties should designate “His Majesty the King” rather than “Her Majesty the Queen”. With respect to pending matters, the designation will be considered to have been so altered without the need to bring a motion to amend the style of cause.
The Federal Court has announced a pilot project for online access to court records. For new proceedings in some areas of law, including intellectual property, started on or after September 12, 2022, e-filed pleadings and written arguments, as well as directions/orders will be available online through the docket listings. There will be a 3-day delay before they are available online and materials subject to a confidentiality order will not be available online. Documents can also be obtained through the Court’s Registry.
The Federal Court issued public reasons for judgment in Rovi Guides v. Videotron, 2022 FC 874. The Court found the four asserted patents invalid for being obvious and/or anticipated and accepted non-infringement defences advanced by the defendant, Videotron. If there had been liability, the Court concluded that the Plaintiff would not have been entitled to an accounting of profits and a design-around cost would have been a reasonable upper bound for any royalty. Videotron was represented by a team from DLA Piper including Bruce Stratton, Alan Macek, Michal Kasprowicz, Gabriella Levkov and Nicole Nazareth.
The Federal Court has issued an updated consolidated Practice Notice dated June 8, 2022. The practice notice consolidates and replaces earlier notices on such issues as informal requests for interlocutory relief, early requests for a hearing, books of authorities, addressing costs at hearings and the appearance of articling students at hearings. Continue reading Federal Court
Bill C-19, “An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures” includes
- measures directed to the term of copyright in Division 16 including “6. Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year”;
- changes to the College of Patent Agents and Trademark Agents Act in Division 17; and
- replaces the term “prothonotary” with “associate judge” in Division 22.
Earlier this week, Justice Sylvie E. Roussel, a Judge of the Federal Court was appointed to the Federal Court of Appeal. Appointments were also made this week to the courts of Ontario, Alberta, British Columbia and Québec.