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.
Tag Archives: Patents
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.
Final Action Practice
The Canadian Patent Office has posted proposed revisions to the Manual of Patent Office Practice (MOPOP) chapter relating to Final Action Practice. The proposed changes relate to the proposed amendments to the Patent Rules on Final Actions published last week.
Patent exhaustion
The United States Supreme Court has granted certiorari in Bowman v. Monsanto Co on the application of patent exhaustion to second generation self-replicating genetically modified seeds.
Proposed changes to final action patent practice
Proposed changes to the Patent Rules were published in the Canada Gazette relating to the handling of patent applications after a “Final Action”. The proposed changes include permitting a review of the entire application and allowing the application without returning it to the examiner from the Patent Appeal Board.
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Proposed changes to Patent and Trade-mark Agent Examinations
Proposed regulations were published in the Canada Gazette relating to the patent agent and trade-mark agent examinations. The proposed changes include requiring lawyers to write the trademark agent exam to become agents and introducing more flexibility for running the patent agent exam.
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CIPO extends PPH
CIPO announced today that it is extending the Patent Prosecution Highway (PPH) arrangements with Finland, Germany and Spain until at least September 2014.
AIA Rules
New rules for U.S. patent prosecution came into force yesterday as part of implementation of the America Invents Act. The new rules relate to inventor oath and declarations, supplemental examination, inter parte review, post grant review and covered business method patents.
CAFC on induced infringement
In an en banc decision released today, a majority of the U.S. Court of Appeals for the Federal Circuit held it is “not necessary to prove that all the steps [of direct patent infringement] were committed by a single entity” when determining induced infringement of method claims.
Foreign Enforcement of IP and Ontario
Earlier this month, the Ontario Superior Court issued a couple of judgments relating to foreign IP proceedings with Ontario parties. In Blizzard v. Simpson, 2012 ONSC 4312, foreign copyright damages and an injunction were enforced. In Agemian v. Pactiv LLC, 2012 ONSC 4571, an “anti-suit” injunction was rejected, allowing an Illinois action relating to a North American patent settlement to proceed.