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Results: 1-10 of 573

FCA imposes could and would test to assess non-infringing alternative
  • Gowling Lafleur Henderson LLP
  • Canada, USA
  • July 30 2015

The Federal Court of Appeal has released its reasons in the appeal of Justice Snider’s lovastatin damages decision. Justice Snider awarded Merck $119


Law on post-patent royalties differs between Canada and the U.S.
  • Blake Cassels & Graydon LLP
  • Canada, USA
  • July 7 2015

The recent decision of the United States Supreme Court (USSC) in Kimble v. Marvel Entertainment LLC (Kimble) highlights how a lack of knowledge of


US and Ontario court jointly distribute $7.3 billion in liquidated assets of insolvent technology business: Nortel Networks Corporation (Re), 2015 ONSC 2987 (ONSC commercial list)
  • SIM. IP Practice
  • Canada, USA
  • June 4 2015

Nortel Networks Corporation was a telecommunications firm that filed for protection under the Companies' Creditors Arrangement Act ("CCAA") in 2009


Canadian defendant in U.S. patent infringement case wins big
  • Jeffer Mangels Butler & Mitchell LLP
  • Canada, USA
  • June 1 2015

Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that the Federal Circuit Court of Appeals affirmed the ruling of the U.S. District


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