Amelia Manera is a JD candidate at Osgoode Hall Law School. On August 16, 2011, the US Court of Appeal released the decision of Cybersource Corporation v Retail Decisions Inc. reinforcing that a process that can be done merely by a series of mental steps is not patentable subject matter under s.101 of Title 35 […]
Brent Randall is a JD candidate at the University of Ottawa. Justice Marshall Rothstein of the Supreme Court of Canada recently spoke at the American Bar Association’s Intellectual Property Law Luncheon held on August 6, 2011, in Toronto. His speech was largely focused on how the Supreme Court of Canada may arrive at different conclusions […]
Amelia Manera is a JD candidate at Osgoode Hall Law School. In response to the Federal Court’s decision in Amazon.com, the Canadian Intellectual Property Office has issued further guidelines to its patent examiners regarding subject-matter patentability.
Danny Titolo is a JD candidate at Osgoode Hall Law School. The Court of Appeals for the Federal Circuit recently overturned a Southern District of New York court’s decision by ruling that genes can be patented. The Federal Circuit decided that DNA isolated from the body was patent-eligible since it is “markedly different” from the […]
Nora Sleeth is a JD candidate at Osgoode Hall Law School. The European Patent Office (EPO) Board of Appeal has ruled that Amazon’s one-click system is too obvious to patent.
Nora Sleeth is a JD candidate at Osgoode Hall Law School. On June 21, 2011, Amazon.com appeared before the Federal Court of Appeal responding to an appeal of the Federal Court’s decision that Amazon’s “one click” business method constituted patentable subject matter.
Danny Titolo is a JD candidate at Osgoode Hall Law School. An en banc US Federal Circuit court recently delivered its opinion on inequitable conduct in Therasense, Inc. v Becton, Dickinson & Co. The majority opinion raised the standard for demonstrating an inequitable conduct defence. The new standard now requires an intention to deceive and that […]
Dan Whalen is a JD candidate at Osgoode Hall Law School. As of June 1, 2011, the UK has become the latest franchise state for Peer to Patent, the online system that allows interested observers to contribute to the patent examination process. The pilot program will follow the same process as it has in other […]
Leslie Chong is a JD candidate at Osgoode Hall Law School. Following an appeal from Phelan J.’s decision to allow Amazon’s ‘one-click’ business method patent, the Canadian Life and Health Insurance Association Inc. and the Canadian Bankers Association have been granted leave to intervene through written submissions and brief oral arguments.
Alan Macek of IPPractice.ca reports: "Amazon.com filed its Responding Memorandum of Fact and Law earlier this week (PDF available) in the proceeding on patentable subject matter at the Federal Court of Appeal."