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Patents

Rejection of Abbott Laboratories’ HIV Drug Patent in India

Dan Whalen is a JD Candidate at Osgoode Hall Law School. The Indian Patent Office recently denied exclusive rights to Abbott Laboratories for a premier HIV-fighting drug – effectively opening up the market to lower-cost generic substitutes. The company’s application was officially contested by four opponents led by the non-governmental organization Initiative for Medicines, Access […]

Stanford v. Roche: the U.S. Bayh-Dole Act and Inventors’ Rights

Professor Sean O’Connor is a Research Affiliate to IP Osgoode, Director of the Law, Technology & Arts Group, Faculty Director of the Entrepreneurial Law Clinic, and Professor of Law at the University of Washington School of Law in Seattle. Traditionally, debates over the ownership and use of government funded inventions revolve around the interests of: […]

Microsoft loses a patent case, but benefits from the tossing out of the 25% rule

Ivy Tsui is a JD candidate at Osgoode Hall Law School. In Uniloc v. Microsoft, the U.S. Court of Appeals for the Federal Circuit restored a jury verdict from April 2009 that Microsoft infringed a Uniloc patent for anti-piracy technology. The good news for the software giant is that the court tossed out the “25 […]

The U.S. Patent Litigation Process

Irfan Lateef and Marko Zoretic are Partners at Knobbe Martens in Irvine, California.  Mr. Zoretic is also an Osgoode Hall Law School graduate (2003) and is the founder and President of the Canadian American Bar Association. Canadian companies of all sizes can find themselves embroiled in patent infringement lawsuits south of the border, as a […]

Google Plans on Translating European Patents

Dan Whalen is a JD candidate at Osgoode Hall Law School In an interesting turn of events since my post last month, the European Patent Office has recently inked a deal with Google to have the Internet titan do some of its much-debated translation work. Each side will benefit from the arrangement. It takes some […]

US DOJ weighs in on battle over gene patents

Ivy Tsui is a JD candidate at Osgoode Hall Law School The U.S. Department of Justice (“DOJ”) filed an amicus brief to support the ACLU and the PUBPAT in a lawsuit challenging Myriad Genetics’ patents on the BRCA1 and BRCA2 genes. Previously on IPilogue, Dan Whalen covered some of the social policy issues raised by gene patents. In this post, I will discuss […]

Business Method Patents: The State of the Art after the Amazon.com Decision

A major source of controversy in Canadian patent law is the treatment of business method patents. Up until recently business methods were not considered to be patentable (see the Patent Commissioner’s decision in Amazon.com and U-Haul). However, much has changed after the Federal Court’s decision in the Amazon.com case.

Europeans Tongue-Tied Up In Debate Over Patent Reform

Dan Whalen is a JD candidate at Osgoode Hall Law School At a meeting held in Brussels last week, EU delegates came no closer to reaching consensus on a unified European patent system. After years of proposals, the monumental task formally began last year after EU members agreed to create a single European patent and a […]

Patents on Steroids: Professor Dutfield’s Lecture on the Evolution of Patent Law in the Life Sciences

Steven Zuccarelli is a J.D. Candidate at Osgoode Hall Law School On 28 October 2010, IP Osgoode hosted Professor Graham Dutfield of the University of Leeds School of Law, who discussed research that demonstrates how the development and commercialization of hormones as pharmaceuticals represents an example of how IP policy, scientific developments, and the business […]

US Government Takes A Side In Gene Patent Debate

Dan Whalen is a JD Candidate at Osgoode Hall Law School In a recent amicus brief, the US Department of Justice has suggested that patents for “isolated human genomic DNA” be invalidated, a significant change to the longstanding practice of gene patenting. The surprising proposition comes in response to an appeal by Myriad Genetics of […]