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614 results found

Article

Bereskin & Parr LLP | Canada | 2 Feb 2021

When is There an “Actual Invention” Involving Computers?

Good news for patent applicants with computer-implemented inventions: Canada's Patent Appeal Board (PAB) recently ruled that proposed claims in Yves…
Article

Gowling WLG | Canada | 27 Jan 2021

Non-practicing entity's allegations of patent infringement against oil sands producer /operator dismissed

On January 26, 2021, Justice Manson of the Federal Court of Canada dismissed a patent infringement action brought by an individual, non-practicing…
Article

Borden Ladner Gervais LLP | Canada | 16 Dec 2020

Pharmaceutical and Biotechnology Litigation in the Federal Court of Canada

Canada has a linkage system similar to the Hatch-Waxman system in the United States. This system is governed by the Patented Medicines (Notice of…
Article

Marks & Clerk | Canada | 4 Dec 2020

A Pandemic Lockdown, Misplaced Mail, and a Limitation Claim Denied…

This article reviews the first reported decision of the Federal Court on whether the Canadian Federal Government’s Time Limits and Other Periods Act…
Article

CPST Intellectual Property | Canada | 19 Nov 2020

With Distinction: Addressing Distinctiveness Objections during Canadian Trademark Prosecution

The distinctiveness of a trademark has always been important in Canadian trademark law. However, prior to the June 17, 2019 amendments of Canada's…
Article

Gowling WLG | Canada | 11 Nov 2020

Presumed essential: CIPO clarifies its approach toward eligibility analysis following Federal Court decision

We previously reported on a recent decision of the Federal Court of Canada related to claim construction and subject-matter eligibility: Yves…
Article

Davies Ward Phillips & Vineberg LLP | Canada | 8 Nov 2020

COVID-19 and the Courts: What You Need to Know

Across the globe, courts are rapidly adapting their practices and procedures, initially in response to the COVID-19 pandemic and now to the gradual…
Article

Marks & Clerk | Canada | 4 Nov 2020

CIPO's Patentable Subject-Matter Guidance - Same Code, Different Syntax

Knowledge & News The Backstory On August 21, 2020, the Federal Court of Canada (FCC) handed down its ruling in the appeal of Yves Choueifaty against…
Article

McCarthy Tétrault LLP | Canada | 3 Nov 2020

2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial

For the third time this year, Canada’s Federal Court has decided a patent infringement/invalidity action by way of summary trial. On October 22, 2020…
Article

Davies Ward Phillips & Vineberg LLP | Canada | 26 Oct 2020

COVID-19 and the Courts: What You Need to Know

Across the globe, courts are rapidly adapting their practices and procedures, initially in response to the COVID-19 pandemic and now to the gradual…
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