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Patents

Intellectual Property Issues for Outer Space Activities

Leigh-Ann Tonon is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In this blog, I wish to explore the relevance of intellectual property rights to outer space activities. Despite the inventiveness and innovation needed and used for space technology, it is only in recent years that intellectual property […]

Patents and morality should remain separate

Tamsin Thomas is a JD Candidate at Osgoode Hall Law School and is taking the Patent Law class. At the beginning of March 2010, Greenpeace Germany and others unsuccessfully challenged a patent on a method of increasing milk supply in cattle. Cattle can be made to produce larger amounts of milk when they are genetically […]

The Research Exemption to Patent Rights – Towards a Minimum Global Standard?

Geraldine Soon is an exchange student at Osgoode Hall and is taking the Patent Law course. At the Standing Commmittee on the Law of Patents’ (SCLP) 13th session in March 2009, the World Intellectual Property Organization (WIPO)’s secretariat established a preliminary study on the “exceptions from patentable subject matter and limitations to the rights, inter […]

Real issue with Amazon’s 1-Click patent is business method patentability, not prior art

Kevin Osborne is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this month, the U.S. Patent and Trademark Office (PTO) confirmed Amazon.com’s controversial 1-Click patent (PDF) following a re-examination of newly-submitted prior art (via TechFlash).  This re-examination sheds light on the difference between the novelty and obviousness […]

Damages in the case of i4i Limited Partnership v. Microsoft Corporation

Nassim Nasser is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Microsoft Corporation was, yet again, defeated when the United States Court of Appeal for the Federal Circuit upheld the trial’s court’s decision in favour of the Toronto based software company i4i Limited Partnership (i4i). The dispute between […]

The Written Description Requirement as Interpreted in Ariad v. Eli Lilly

George Nathanael is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this week the U.S. Court of Appeals for the Federal Circuit (CAFC) released an en banc decision on the case of Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company. Ariad sued Eli Lilly for infringement of […]

Compulsory licensing of green technology: positive development or positively disastrous?

Jonathan Odumeru is a JD candidate at Osgoode Hall and is taking the Patent Law course. The group of 77 developing nations (G77), led de facto by China, has called for the implementation of a compulsory licensing system to facilitate the transfer of green technologies. These nations posit that such a system would fulfill vital […]

Amazon’s Infamous One-Click Patent Accepted in US Upon Re-Examination

Alex Gloor is a JD Candidate at Osgoode Hall Law School. North of the Border we are quite familiar with the patent application brought by online retailer Amazon.com for its one-click ordering system. This application was rejected in Canada as being directed towards unpatentable subject matter. However, in the United States a modified version of […]

Efficacy of TRIPS public health amendment raises concern at the WTO

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. WTO members on 2 March 2010, debated the question of whether a 2003 decision designed to improve access to medicines is working. Although opinions expressed in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council varied, members agreed that they should look at real-life […]

Apple v. HTC: The Tragedy of the Anticommons

Amanda Letourneau is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. News of Apple’s patent infringement lawsuit broke earlier this month and did not come as much of a surprise, given the relative frequency of IP lawsuits being launched in the mobile phone industry. A fellow classmate blogged about the […]