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 […]
Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. In Global-Tech Appliances, Inc. v. SEB S.A., the US Supreme Court has clarified an ambiguous standard surrounding induced patent infringement by borrowing from the doctrine of wilful blindness potentially putting an end to a long-standing debate surrounding the ambiguous statutory provision.
Kalen Lumsden is a JD candidate at Osgoode Hall Law School. On 24 May 2011 the European Commission released a communication to the European Parliament addressing the shortcomings and challenges of the current intellectual property rights regime. It proposes that a single, unified market address fragmentation problems and regulatory barriers in the European Intellectual Property […]
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 […]
Jeremy Loeb is a JD candidate at Osgoode Hall Law School, who is spending part of the summer completing the summer law program in International law at the Queen’s University Bader International Studies Center in Herstmonceux, UK. He is currently writing from Paris, France. It has been nearly one month since the British took a […]
Kalen Lumsden is a JD Candidate at Osgoode Hall Law School. Radio Systems Corp. v. Accession, Inc., No. 10-1390 (Fed. Cir. Apr. 25, 2011) overrules a 2003 decision that sending a cease-and-desist letter to an infringing party in another state was sufficient to grant the addressee’s state jurisdiction over the owner in future patent enforcement.
Brent Randall is a JD candidate at the University of Ottawa. Kimberly-Clark, manufacturer of infant diapers and training pants under the Huggies brand name, was recently denied a motion to dismiss a counterclaim made against it regarding patents for its products. First Quality Baby Products claims that Kimberly-Clark, “uses its patents to disrupt competitors and […]
Pauline Wong is the Assistant Director of IP Osgoode. David Vaver, Professor of Intellectual Property Law at Osgoode Hall Law School, has authored a recently released, updated and expanded edition of his textbook entitled, Intellectual Property Law: Copyright, Patents, Trade-Marks, 2nd ed.
Michael Gilburt is a JD candidate at Osgoode Hall Law School. On May 18, 2011, a review committee led by Cardiff University Professor Ian Hargreaves released a report that deemed the UK’s intellectual property (IP) regime obsolete in the digital age. Prime Minster David Cameron commissioned the report following claims made by the founders of […]
Matt Lonsdale is a JD candidate at Dalhousie University. On April 15, 2011, a Texas court ordered Google to pay $5 million to Bedrock Computer Technologies for patent infringement. The patent covers a method of storing and retrieving data which is claimed to be used in a number of versions of the Linux kernel.