The U.S. House and Senate have now both passed patent reform legislation which would make the U.S. patent system first-to-file. Earlier today, the U.S. Supreme Court granted cert in Hyatt (relating to appeals from the USPTO) and Caraco v. Novo Nordisk (relating to FDA patent listings).
The U.S. Supreme Court issued its decision in Microsoft v. i4i (PDF) and held in favour of i4i, upholding the “clear and convincing evidence” standard of evidence needed overcome the presumption of validity in an issued patent. Continue reading US Supreme Court rules on presumption of validity
Yesterday, the Federal Court published its decisions in Canadian Generic Pharmaceutical Association v. Canada (Health) 2011 FC 465 relating to the standing of CGPA to challenge a decision of the Minister of Health listing fluticasone furoate under the data protection regulations. The court held that the CGPA does not have standing to challenge the decision.
Continue reading Federal Court decision in Canadian Generic Pharmaceutical Association
Earlier today, the United States Supreme Court released a decision in Global-Tech Appliances, inc. v. SEB S.A. (PDF) on the test for inducement of infringement. The majority held that induced infringement requires knowledge that the induced acts constitute patent infringement.
The U.S. Court of Appeals for the Federal Circuit released its en banc decision in Therasense (PDF). The majority held that the defendant must prove the applicant misrepresented or omitted material with a specific intent to deceive the patent office to be successful with an inequitable conduct defence.
For those interested, I have compiled a list of Canadian patent firms/agents by volume of applications published (or entered national phase) in 2010.
Amazon.com filed its Responding Memorandum of Fact and Law earlier this week (PDF available) in the proceeding on patentable subject matter at the Federal Court of Appeal.
Yesterday, the Canadian Life and Health Insurance Association Inc. and the Canadian Bankers Association filed a motion to intervene (PDF available) in the Amazon.com proceeding on patentable subject matter at the Federal Court of Appeal.
For those interested, a copy of the Appellants’ Memo of Fact and Law on the Amazon.com appeal on patentable subject that was filed yesterday is available from my website.
The government filed a Notice of Appeal (PDF) today against Justice Phelan’s decision in Amazon.com regarding the patentability of business methods.