Fiona Li is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. A non-practicing entity (NPE) is a patent owner that does not manufacture or use the patented invention. NPEs are commonly referred to as patent trolls. More specifically, patent trolls buy patents cheaply from entities not actively seeking to enforce […]
Keldeagh Lindsay is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. “In our system of patent law, the identity of the inventor is, for the most part, overshadowed by the issue of invention.” (Apotex v. Wellcome [2001] 1 F.C. 495, at para. 27) The Patent Act does not define “inventorship”, […]
George Nathanael is a JD candidate at Osgoode Hall Law School. Last week, Advocate General Paolo Mengozzi of the European Court of Justice released his opinion on the questions referred by a Dutch court concerning the case of Monsanto Technology LLC v. Cefetra BV and Others. The case involves Monsanto’s attempt to prevent imports of […]
Michael McClurg is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In late 2009, the United Nations Secretariat of the Permanent Forum on Indigenous Peoples released its report on the State of the World’s Indigenous Peoples (“the UN report”). The report is intriguing in that it focuses a […]
Brian Chau is a JD Candidate at Osgoode Hall Law School. As Nortel nears the end of the insolvency process, it is exploring the potential sale of its extremely valuable patent portfolio. Nortel holds 4,000 “patent families” related to the next-generation wireless technology, most notably LTE (Long Term Evolution) among others. The sale of these […]
Brandon Evenson is a JD candidate at Osgoode Hall Law School. Technology blogs are still buzzing over Apple’s recently filed lawsuit against HTC for patent infringement. In their filing, Apple claims that various HTC phones (including but not limited to phones running the Google Android OS) infringe a number of Apple’s patents currently used in […]
Patrick Hui is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Innovator companies have long founded their business plans on the search for blockbuster drugs. Blockbuster drugs are products that generate more than $1 billion in annual revenue for pharmaceutical companies and are the lifeline of these businesses. By allocating […]
Abolade Owoeye is at Osgoode Hall and is taking the Patent Law Course. Prosecution history estoppels also known as File-wrapper estoppel is a term used when an inventor has filed a patent application, but during prosecution of that patent application, the inventor amends the application in order to overcome a prior art. That inventor is subsequently […]
Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta. Professor Bouchard has a new article available on SSRN and describes it below. One of the most strongly contested aspects of pharmaceutical policy concerns the role of intellectual property rights in providing economic incentives to firms […]
Heather Hui-Litwin is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. In patent litigation, claim construction is an extremely important aspect in the analysis of a patent. Findings of infringement and validity ultimately depends on the construction. The leading cases on claim construction is Free World Trust v. Electrosante (2000 […]