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Patent licensee’s standing to sue for infringement
  • Field Law
  • Canada, USA
  • May 12 2015

Although you might not think so, given the proliferation of litigation, courts are actually very particular about who can bring a lawsuit. In order


Apple Watch design patent
  • Field Law
  • Canada, USA
  • May 6 2015

As we reviewed in our previous post - Industrial Design as a Competitive Tool- the value of strategic industrial design protection (also called a


Canada following on the heels of the U.S. in implementing the Patent Law Treaty
  • Marks & Clerk
  • Canada, USA
  • February 9 2015

With statutory amendments passed into law recently, and regulatory amendments being drafted, Canada prepares to implement the Patent Law Treaty. The


An American attorney in Canada (part 3: letters of request in patent litigation)
  • Field Law
  • Canada, USA
  • January 19 2015

A recent Ontario court decision (Arctic Cat Inc. et al. V. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or "letter


Claim indefiniteness in Canada: an overview for U.S. practitioners
  • Smart & Biggar/Fetherstonhaugh
  • Canada, USA
  • December 15 2014

This summer, the U.S. Supreme Court issued an important ruling in Nautilus Inc v Biosig Instruments Inc, 134 S. Ct. 2120, 110 U.S.P.Q.2d 1688 (2014


The troubles with patent inventorship
  • Field Law
  • Canada, USA
  • November 14 2014

Determining inventorship is answering the question: who contributed enough to an invention to be named as an "inventor" on the patent application


After the U.S. Supreme Court decision in Alice v CLS Bank: is it time for a combined North American approach?
  • Smart & Biggar/Fetherstonhaugh
  • Canada, USA
  • November 6 2014

The decision of the U.S. Supreme Court in Alice v CLS Bank (573 U.S. ____ (2014)), and its impact on the patent eligibility of computer-implemented


“Gene Patent” controversy comes to Canada
  • Bereskin & Parr LLP
  • Canada, USA
  • November 4 2014

Patents related to isolated DNA corresponding to a gene, as well as methods claiming the diagnostic use of such DNA sequences are often referred to


PTAB draws line on admissibility of declaration evidence in IPR
  • Banner & Witcoff Ltd
  • Canada, USA
  • September 3 2014

In a break from the PTAB's trend of admitting evidence and allowing objections to admissibility to go to the weight of the evidence, the Board


Claim definiteness in the US, Canada and Europe
  • Marks & Clerk
  • Canada, European Union, USA
  • August 14 2014

On 2 June 2014, the US Supreme Court issued its decision in Nautilus, Inc. v BioSig Instruments, Inc., 572 U.S. __ (2014), No. 13-369, resurrecting