The Supreme Court of Canada has issued a decision finding that Pfizer’s Canadian patent No. 2,163,446 (the ‘446 patent) for Viagra™ is invalid, following...
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Publications
The Supreme Court of Canada copyright pentalogy
Once upon a sunny day in July, in a galaxy not so far away, the highest court in Canada released five decisions dealing with...
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Apple v. Samsung and the importance of design registration
The term “patent wars” is often used to describe the intellectual property battles between companies but another form of IP protection that usually flies...
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IP issues for mobile app developers
With increasing consumer demand for mobile applications or “apps” (and hundreds of thousands of third-party apps available for download through application distribution platforms such...
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Prometheus v. Mayo: A Setback for Diagnostic Method Patents in the US?
The recent US Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150 raises possible challenges for companies attempting to obtain...
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Thinking of licensing or selling your IP? If so, is your company ready for an IP audit?
Nortel sold its patent portfolio for $4.5 billion. Microsoft paid $1 billion for the majority of AOL’s patents. It is undeniable that intellectual property...
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When You Need Action on Your Patent Application: Expediting Examination in Canada
Canada has a deferred examination system, wherein patent applications are examined only upon request. Once examination has been requested, patent applications enter a queue....
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Take Advantage of Proposed Changes to Canadian Trade-marks Regulations – Non-Traditional Trade-marks
The Canadian Intellectual Property Office (“CIPO”) recently completed a consultation on proposed revisions to the Canadian Trade-marks Regulations (the “Regulations”). The stated goals of...
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Protecting your trademarks south of the border: Differences between Canadian and American trademark law
Canadian businesses looking to expand (or which have already expanded) south of the border are well advised to consider registering their trademarks in the...
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From “first-to-invent” to “first-to-file”: How the first-to-file and novelty requirements under the new America Invents Act compare to Canadian patent law
The US is presently the only country in the world still operating under a “first-to-invent” system, in which a patent is granted to the...
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