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Posted in: TheSpotlight Categories | Intellectual Property

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Canadian Court of Appeal has Something to Say on Obviousness: Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious By Kitt Sinden, M.Sc. May 08, 2017 The Federal Court of Appeal (“FCA”) recently affirmed a Federal Court (“FC”) finding that an antiviral salt was obvious, although based on different reasoning1. The FCA provided a detailed analysis of the “inventive concept” (“IC”), although it is arguably still unclear as to when/why it is appro...

Posted in: Intellectual Property

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The Ideal Cease and Desist Letter - Informative and Only Covertly Threatening? Apr 21, 2017 The oft-used cease and desist letter ("C&D letter") may have significant implications for both intellectual property ("IP") owner and alleged infringer alike. Although the test for an improper C&D letter may be well-established, there have been relatively few cases where such letters have...

Posted in: Intellectual Property

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Double Patenting: A Tale of Three Dates By Kitt Sinden, M.Sc. and Erica L. Lowthers, PhD Apr 20, 2017 Bristol-Myers Squibb Canada v. Apotex Inc., 2017 FC 296 (dasatinib/SPRYCEL™ - Justice Manson)In Canada, double patenting can be a difficult hurdle to overcome; the claims of a later-issued patent must be "non-coterminous" and "patentably distinct" from the claims of a co-owned earlier-issued pate...

Posted in: Intellectual Property | Upcoming Events

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Complimentary Webinar: Avoiding the Pitfalls Apr 05, 2017 Join us for a complimentary webinar.Intellectual Property: Avoiding the PitfallsDate: Thursday, April 20, 2017Time: 10:00 - 11:00 a.m. ETOverview:Join our panel of experts as we examine the most common intellectual property mistakes made by entrepreneurs and business owners. Not having an early-s...

Posted in: Intellectual Property

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Canadian Federal Budget 2017 - Implications for Science and Innovation By Kitt Sinden, M.Sc. Mar 23, 2017 The latest Federal Budget was introduced in Canadian parliament on March 22, 2017, with a focus on, among other things, science and innovation. Budget 2017 proposes to elevate the importance of science in government, with the establishment of a Chief Science Advisor and related secretariat. The C...

Posted in: Intellectual Property

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NAFTA Tribunal Finds Promise Doctrine Founded in 35 Plus Years of Canadian Jurisprudence - Not a Dramatic Change in the Requirements for Patent Utility By Kitt Sinden, M.Sc. Mar 23, 2017 Summary Eli Lilly's arguably last ditch attempt to challenge the Canadian courts' invalidation of two Canadian patents relating to the drugs olanzapine (Zyprexa™) and atomoxetine (Strattera™), using a NAFTA arbitration, has been rejected.[1] Eli Lilly's case was based on demonstratin...

Posted in: Intellectual Property

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Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration By Kitt Sinden, M.Sc. Mar 20, 2017 The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly.The proceeding was brought in 2013 by Eli Lilly under Chapter 11 of NAFTA, claiming damages arising from patents relating...

Posted in: Intellectual Property | Upcoming Events

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Complimentary Webinar - Canadian Pharma Update: Patent Law Feb 07, 2017 Join us for a complimentary webinar on Thursday, February 9 from 9 - 10 a.m. regarding upcoming changes to the Canadian patent regime. The top 10 Canadian patent developments of concern to pharmaceutical companies will be discussed, including: Supreme Court of Canada considers utility requirement...

Posted in: Intellectual Property

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Impending Importance of Patent Office Procedures to Canadian Patent Litigation Dec 14, 2016 A recent decision of the Federal Court[1] explicitly and repeatedly criticized a lottery ticket patentee for taking a "remarkable" "breathtaking" position on construction in an infringement action that was "entirely opposite" with prior representations to the Canadian Intellectual Property Office...

Posted in: Intellectual Property

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Longer Monopolies and Single Legal Proceedings vs. Generics - the Gift of CETA to Canadian Drug Patentees Dec 06, 2016 SummaryCanadian pharmaceutical patent owners can expect two substantive changes in the next year following implementation of the Canada-European Union Comprehensive Economic and Trade Agreement ("CETA")[1]: certificates of supplementary patent protection ("SPC") of up to two years will be availab...

Posted in: Communications | Intellectual Property

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2 Costly Mistakes to Avoid if Your Customers Sign Waivers By Aaron Baer Sep 12, 2016 What do a multi-million dollar corporation, a large community-based organization and a publicly-traded company have in common? They're all making costly mistakes when it comes to the use of waivers. Hopefully your company isn't making the same mistakes...Lesson 1: Make sure your customer-facing e...

Posted in: Media | Intellectual Property

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How the (Copyright Test) Was Won: Led Zeppelin Victorious in "Stairway to Heaven" Suit By Ron W. Clark Jul 27, 2016 Copyright cases have become increasingly high-profile within the music industry, recently reaching multimillion-dollar awards.On June 23rd, a jury ruled unanimously that the intro of "Stairway to Heaven" does not infringe the copyright of the 1960s psychedelic rock band Spirit's song "Taurus," fo...

Posted in: Intellectual Property

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Blockchain and Smart Contracts: The Future of Doing Business? By Ron W. Clark Jun 09, 2016 The blockchain has recently become the new financial instrument of the future. Experts in major industries, such as the financial and legal communities, are continuously working on researching how the development of blockchain technology will impact the future of doing business. Articles recently...

Posted in: Intellectual Property

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Music Industry Rocks the Copyright Boat By Ron W. Clark Jun 07, 2016 The music industry is gearing up for a battle with YouTube over licensing as the big three music labels, Universal, Sony and Warner, prepare to renegotiate their contracts with the video-sharing website. New economic realities have caused the music lobby in the United States to seek to revamp the...

Posted in: Communications | Intellectual Property | Data Security/Privacy

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WhatsApp Me, Maybe? By Ron W. Clark May 17, 2016 WhatsApp Messenger is a popular instant messaging app that allows users to send text messages, pictures, voice notes and videos (among other things) over an Internet connection using cellphones and now, PCs. As of February 2016, the Facebook-owned app is used by one billion people around the worl...
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