skip to main content
Filter items by:
select
select
select
select

Posted in: Intellectual Property | Blockchain

Insights TheSpotlight
The Ultimate Blockchain Patent Teardown Why blockchain applications are patent-eligible By Tony Sabeta, B.Eng. Aug 15, 2018 As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable. I naturally respond in the affirmative (with some qualifiers of course), and inevitably there is a deluge of follow-up questions and statements such...

Posted in: Intellectual Property | Court Decision

Insights TheSpotlight
The Value of a Copyrighted Photograph Is Not Necessarily in the Eye of the Beholder By Ken Clark and Stan Fedun Jul 19, 2018 In the May 2018 decision, Gaudreau c Néomédia inc., the Québec Small Claims Court considered the amount of damages to award for the unauthorized use of a copyrighted photograph.

Posted in: Intellectual Property

Insights TheSpotlight
Quebec Court Denies Exclusive Use Of Geographic Location in Car Dealership’s Name By Stan Fedun and Ken Clark Jun 18, 2018 In the recent Superior Court of Quebec decision, 7531877 Canada ltée (Buckingham Chrysler, Jeep, Dodge) c 9531025 Canada Inc. (Buckingham Chevrolet Buick GMC), dated May 17, 2018, the plaintiff alleged that the defendant engaged in false advertising (name appropriation) by using “Buckingham” in i...

Posted in: Intellectual Property

Insights TheSpotlight
Certificates of Supplementary Protection for Canadian Pharmaceutical Patents By Kitt Sinden, M.Sc. May 15, 2018 Patents granted in Canada have typically carried a 20-year term of protection from the date of filing, regardless of the time taken to be examined and granted by the Patent Office or for the underlying products to be approved by regulatory agencies. However, since September 2017, as part of conce...

Posted in: Intellectual Property

Insights TheSpotlight
U.S. Court of Appeals Finds That the Lines Remain Blurred By Ken Clark and Tyler Brent Apr 20, 2018 In 2013, Pharrell Williams’ and Robin Thicke’s smash hit “Blurred Lines” swept the globe as the number one single for the year. Shortly after reaching number one, Pharrell and Thicke were sued for copyright infringement for infringing Marvin Gaye’s “Got to Give it Up.” At trial, a jury found Phar...

Posted in: Intellectual Property

Insights TheSpotlight
World IP Day 2018 Theme Announced By SuMei Cheung, P.Eng. Feb 23, 2018 Observed every April 26, World Intellectual Property Day was established by World Intellectual Property Office (WIPO) to raise awareness of the impacts of IP on our daily life. WIPO has announced that this year’s theme for World Intellectual Property Day will be: Powering Change: Women in Innovat...

Posted in: Intellectual Property

Insights TheSpotlight
Online Advertising Method Survives Alice at the PTAB By Tony Sabeta, B.Eng. Feb 20, 2018 In 2012, a fledgling startup, AdSupply Inc., filed a patent application for a method for delivering leave behind ads which are displayed behind the browser window when a user leaves a website. These ads are considered to be one of the most effective ad formats for high viewability and user engage...

Posted in: Intellectual Property

Insights TheSpotlight
Patented Love: Our Selection of Innovations for the Romantic at Heart By SuMei Cheung, P.Eng. Feb 14, 2018 With Valentine’s Day upon us, one would rightly suspect that there is already an abundance of patents and patent applications related to online dating software. But if you're really in the mood for love, here are some less obvious technologies dedicated to romance.

Posted in: Intellectual Property

Insights TheSpotlight
Human Rights Complaint on “Chief Wahoo” (Cleveland Indians) Logo to Proceed – Update on Law of Controversial Sports Logos By Ken Clark and Shannon L. Corregan Feb 08, 2018 MLB (or at least the Cleveland Indians) appears to be listening to the winds of change. Last week, on Jan. 29, 2018, the team announced that it would no longer be using the Chief Wahoo logo on their uniforms beginning in 2019. Will this be the first domino in the chain? This case opens up the pos...

Posted in: Intellectual Property

Insights TheSpotlight
National Inventors Hall of Fame Have Named Their 2018 Inductees By SuMei Cheung, P.Eng. Feb 02, 2018 The U.S. Patent and Trademark Office (USPTO) established the National Inventors Hall of Fame as an outreach program that highlights historic, groundbreaking U.S. patents that have had a significant impact. The Hall of Fame searches for these inspirational inventors and accepts nominations through...

Posted in: Intellectual Property

Insights TheSpotlight
Cannabis Trademarks Remain Unregistrable in U.S. Despite Federal Circuit’s Ruling in Re: Brunetti By Ken Clark and Dillon Collett Jan 31, 2018 In a decision released on December 15, 2017, the Court of Appeals for the Federal Circuit struck down the Lanham Act’s ban on registering “immoral” or “scandalous” trademarks as an unconstitutional violation of free speech. Re Brunetti removes a significant barrier to registering marks for cannab...

Posted in: Intellectual Property

Insights TheSpotlight
Super Bowl® Technology: A Mix of Old and New By Erica L. Lowthers, PhD Jan 30, 2018 In honour of the Super Bowl® this coming weekend, the incredibly impressive broadcasting innovations in televised sports deserve some discussion. Those yellow lines on the field, which are visible and accurate despite snow and many moving bodies, require significant behind-the-scenes efforts and ...

Posted in: Intellectual Property

Insights TheSpotlight
Canadian Patent Appeal Board Adopts a New Approach to Attack Patents for Lack of Utility By Erica L. Lowthers, PhD Jan 24, 2018 In Canada, as in most other jurisdictions, a claimed invention must be useful; this is usually a minimal requirement that is easy to meet. In Canada, when utility is not demonstrated through examples in the specification, it must be soundly predicted as of the Canadian filing date.

Posted in: Intellectual Property

Insights TheSpotlight
Record Breaking Numbers in Patent Filings in 2016 By SuMei Cheung, P.Eng. Jan 23, 2018 The World Intellectual Property Organization recently published their World Intellectual Property Indicators for 2017, documenting many developments that shaped the global intellectual property system in 2016. One of the interesting reports was the statistics for patent application filings. More ...

Posted in: Intellectual Property

Insights TheSpotlight
Little Miss Books Adds a Role Model By SuMei Cheung, P.Eng. Jan 18, 2018 Finally, a Little Miss character to spark the imagination of budding young female engineers and scientists: Little Miss Inventor. Coming in March 2018, Little Miss Inventor, pictured ready with pencils and a wrench in her hair, is described as “full of ideas, which she turns into extraordinary in...

Posted in: Intellectual Property | Court Decision

Insights TheSpotlight
Protection of Rights in Canada and International Comity Supreme Court of Canada Plants its Flag Down By Paige Backman, Aaron Baer and Codie Mitchell Jul 13, 2017 The Supreme Court of Canada’s recent and much-anticipated decision in Google Inc. v. Equustek Solutions Inc. is extremely important for many reasons. It has been applauded by Canadian companies whose intellectual property rights are being infringed by overseas companies, but, it has left ma...

Posted in: Intellectual Property

Insights TheSpotlight
Supreme Court of Canada Holds Promise of Utility Doctrine Incongruent with Patent Act AstraZeneca Canada Inc. et al. v. Apotex Inc. et al., 2017 SCC 36 By Kitt Sinden, M.Sc. Jun 30, 2017 Reasons for Judgement: Rowe J. (McLachlin, Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown concurring) On appeal from a judgment of the Federal Court of Appeal (2015 FCA 158) affirming a decision of Rennie J. (2014 FC 638) AstraZeneca applied for the 2,139,653 patent (...

Posted in: TheSpotlight Categories | Intellectual Property

Insights TheSpotlight
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

Insights TheSpotlight
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

Insights TheSpotlight
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

Insights TheSpotlight
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

Insights TheSpotlight
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

Insights TheSpotlight
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

Insights TheSpotlight
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...
12
Items 1 to 24 of 32