Dan Whalen is a JD Candidate at Osgoode Hall Law School Bayer was dealt a blow when the Federal Court of Appeal upheld the decision to deny the company a patent of a medical compound because it held a product-by-process patent for the substance already. In 1987, when the pharmaceutical giant received said rights, the […]
Ikechi Mgbeoji, Associate Professor at Osgoode Hall Law School and IP Osgoode Team Member, recently published a paper on the relevance of the patent system in the protection of the traditional knowledge possessed by indigenous cultures around the world. The article argues that despite broad differences in the philosophies which underpin the two models, there […]
Stuart Freen is a JD candidate at Osgoode Hall Law School After a 12-year legal battle, Amazon may finally be able to get a patent in Canada on its “1-click” e-commerce system. The Federal Court granted an appeal in favour of Amazon last Thursday, completely overturning an earlier decision of the Commissioner of Patents. In what […]
Stuart Freen is a J.D. candidate at Osgoode Hall Law School A Texas jury awarded $625.5 million in damages against Apple Inc. on October 1st, finding that the computer giant wilfully infringed three patents with its Spotlight, Time Machine, and Cover Flow software. The patents were held by Mirror Worlds, a corporation founded by Yale […]
Rachel Migicovsky is a JD Candidate at Osgoode Hall Law School According to the World Intellectual Property Organization, Traditional Knowledge (TK) is “knowledge which has a traditional link with a certain community: it is … developed, sustained and passed on within a traditional community, and…between generations”. The introduction of TRIPS in 1994, a WTO agreement […]
Essien Udokang is an Articling Student at Torys LLP The term “good faith” suggests a sincere belief or motive without any malice or the desire to defraud others. Section 73(1)(a) of the Patent Act requires that, during the prosecution of a patent, an applicant reply in good faith to any requisition made by a patent […]
Stuart Freen is a JD candidate at Osgoode Hall Law School. Following the release of the much anticipated U.S. Supreme Court decision of Bilski v. Kappos, the U.S. Patent and Trademark Office has recently published some interim guidelines on subject matter patentability. Titled Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View […]
Nathan Fan is a JD candidate at Osgoode Hall Law School On July 6th, the European Court of Justice (ECJ) ruled in favour of importers of soy meal from Argentina, soy meal that was produced from the Roundup Ready soybean patented by Monsanto. In its decision (C-428/08 Monsanto Technology LLC v Cefetra BV and Others) […]
Stuart Freen is a JD candidate at Osgoode Hall Law School. The Supreme Court of the United States last week released what was likely the most highly anticipated patent case of the year: Bilski v. Kappos. It was the decision that many had hoped would settle once and for all the nagging issue of whether […]
Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. The United States Court of Appeals for the Federal Circuit has recently decided the case of Pequignot v. Solo Cup Co. between Matthew Pequignot, a licensed patent attorney, and the Solo Cup Company (“Solo”), a company that manufactures disposable cups, bowls, plates, and utensils. […]