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Patents

Samsung Bites into Apple as Mobile Communications Patent Wars Continue

Dan Whalen is a JD candidate at Osgoode Hall Law School. In a blitz of lawsuits, Samsung Electronics has gone from defendant to plaintiff as it counter-sued Apple over alleged infringement of its mobile communications technology. Amid the field’s patent wars, one wonders how this battle between long-time allies will end.

Canada Responds to “Emergencies” with Updated Drug Regulations

Dan Whalen is a JD candidate at Osgoode Hall Law School. The Canada Gazette published amendments to the Patented Medicines (Notice of Compliance) Regulations, which include much-anticipated provisions for Extraordinary Use New Drugs (EUNDS). This addition is aimed at empowering Canada to prevent and respond to the threat of disease outbreaks and align its approach […]

A Frustrated Google “Stalks” Nortel Networks’ Patent Portfolio

Dan Whalen is a JD candidate at Osgoode Hall Law School. In a “stalking horse” bid, Google has offered US$900-million for the patent portfolio of fallen telecommunications giant Nortel Networks. Although Google has openly admitted that part of its motive is simply to deter lawsuits, the move has industry analysts marvelling at the extent of […]

Take Two for Eastman Kodak in Patent Row with Apple, RIM

Dan Whalen is a JD candidate at Osgoode Hall Law School. Eastman Kodak has received some uplifting news in its ongoing patent dispute with tech giants, Apple and Research In Motion. Last week, the US International Trade Commission announced that it will review an earlier opinion rendered against the photography pioneer. If the decision is […]

Update on Amazon.com

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.”

EU Stem-Cell Patent Debate Nearly Over After 20 Years

Leslie Chong is a JD candidate at Osgoode Hall Law School. The European Court of Justice’s (ECJ) has ruled against the patentability of human embryonic stem (hES) cell lines and, in doing so, it has articulated the standard for acceptable practice in the use and commercial exploitation of stem-cell research in the EU.

Auction of Covenants Not to Sue Attracts Attention, Suspicion

Dan Whalen is a JD candidate at Osgoode Hall Law School. At the end of March 2011, intellectual property brokerage firm, ICAP Ocean Tomo, is planning to auction off four “covenants not to sue” covering Round Rock Research LLC’s portfolio of approximately 4,200 patents and pending applications. Though an intriguing proposition, interested parties ought to […]

Election Drum Beats the Life Out of Access to Medicines Bill

Dan Whalen is a JD candidate at Osgoode Hall Law School. Among the nearly 500 bills that died with the end of the 40th Canadian Parliament last Friday was Bill C-393, Canada’s Act to amend the Patent Act. The bill proposes to modify Canada’s Access to Medicines Regime (CAMR), itself an amendment to the Patent […]

Big Losses Loom for Big Pharma

Dan Whalen is a JD candidate at Osgoode Hall Law School. The New York Times reported that many of the major players in the global pharmaceutical industry are set to lose exclusive rights to 10 blockbuster drugs of combined annual sales close to US$50 billion. No mere fluke, this news marks the beginning of an […]

“Green” Patent Amendments Now In Force

Amendments to the Patent Rules relating to advanced examination of ‘green technologies’ (s.28(1)(b)) are now in force. The amendments also provide for all applications to leave advanced examination if time limits are extended or the application goes abandoned (s.28(2)). See Canada Gazette, Vol. 145, No. 6, March 16, 2011, and the Canadian Intellectual Property Offfice’s […]