In Re Roslin Institute, the U.S. Court of Appeals delivered a potential setback to the biotechnology industry when it confirmed that inventions which are identical to those found in nature cannot be patented. Specifically, it denied patent protection to products of the somatic cloning process invented by Campbell and Wilmut, which included Dolly the Sheep. Since Dolly possesses identical […]
AstraZeneca has been selling Nexium in Canada for 13 years. It is prescribed to treat ulcers, gastroesophageal reflux disease (GERD) and related diseases. The active ingredient in Nexium is esomeprazole, one of the enantiomers of omeprazole. Omeprazole is also prescribed to treat these same diseases. Canadian patent no. 2,139,653 (the 653 patent) claims esomeprazole with […]
It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and conventions developed over centuries are being problematized and rethought as new social, technological, and economic realities emerge. Computer software, a technology that’s mainstream adoption is […]
The seemingly never ending saga between Apple and Samsung that began in 2011 has seen another day (month) in court. On the surface this may seem like another sweeping victory for Apple, but the war isn’t over and that might be what really matters.
There are just under two months left to submit your entry to our 6th annual Canada’s IP Writing Challenge. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal. The deadline to […]
On Monday, March 31st, the United States Supreme Court began hearing oral arguments in the case of Alice Corporation Pty Ltd v CLS Bank International. Many hope that this ruling will help bring clarity to the patentability of software and business processes under US patent law.
The course Legal Values: Commercializing Intellectual Property is being offered for the first time at Osgoode Hall Law School this winter term. The IPilogue sat down with Adjunct Professors, Ed Fan (Torys LLP, Partner) and Loreto Grimaldi (MedAvail Technologies Inc., COO & General Counsel) to talk about this unique course. As the business world increasingly relies on an […]
In the past, Monsanto has been successful in defending the company’s patents concerning the genes and modified cells present in genetically modified (GM) plants in both the United States and in Canada. Are Monsanto’s new products going to be a hot topic of debate? Likely yes, but maybe not for the reasons you would expect.
BlackBerry is suing Ryan Seacrest’s iPhone keyboard case company Typo for patent infringement. The suit – which also alleges trade dress infringement, dilution, unfair business practices and unjust enrichment – has garnered headlines in Canada and the US.
What an experience! Osgoode’s team is back from their weekend of competition at the Harold G. Fox Intellectual Property Moot, and boy did we get a ‘bargain’!