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Dating Site Plans to Take Facebook Profile Information

Stuart Freen is a JD candidate at Osgoode Hall Law School. In one of the sleaziest moves to hit the internet in a while (and that is a very low bar), online dating site Gotham Dating Partners Inc. announced this month that it plans to take the information from up to 340 million public Facebook […]

Botox vs Botumax: EGC rules TM case in favour of Botox

Nathan Fan is a JD Candidate at Osgoode Hall Law School Whether it’s the topic of discussion in a cosmetics magazine or the latest legal defence, the botulinum toxin (aka ‘Botox’) makes its reputation known around the world. Thanks in part to the product’s marketing and placement in the Hollywood limelight, Allergan, Inc. has enjoyed a […]

“Clues” for Determining Unpatentablity

Pamela Samuelson, director of the Berkeley Center for Law & Technology and member of the IP Osgoode International Advisory Board, just co-authored an article, with Jason Schultz, on Bilski v. Kappos, 130 S. Ct. 3218 (2010). The article argues that the US Supreme Court clarified that generalized financial hedging techniques are abstract ideas ineligible for […]

The COICA: A Proposed Online Infringement “Crack Down”

Nathan Fan is a JD Candidate at Osgoode Hall Law School “Few things are more important to the future of the American economy and job creation than protecting our intellectual property”, said Senator Patrick J. Leahy while introducing the Combating Online Infringement and Counterfeits Act (COICA) to the U.S. Senate on September 20, 2010. Aimed […]

Trade Marks and Freedom of Expression: A Call for Caution

Dr. Dev Gangjee lectures at the London School of Economics, with a primary research interest in intellectual property, including trademarks, geographical indications and domain names. Robert Burrell and Dev Gangjee have recently completed some research into the potential of free speech as a response to overreach in trade mark law. While the general tone of […]

Purposive Claim Construction: Settled Law with Unsettled Application

Essien Udokang is a J.D. Candidate 2010 at Osgoode Hall and is taking the Patent Law class. Since the decision of the Supreme Court in Free World (2000 SCC 66, [2000] 2 S.C.R. 1024) it is supposedly settled law that courts are to construe the claims of a patent in a purposive manner in determining infringement and invalidity. […]

Bridging the Physical/Digital Divide – Jurisdiction over Online Content

Brian Chau is a JD Candidate at Osgoode Hall Digital data in the 21st century is often envisioned to be stored somewhere in a vast cloud of storage mediums – but at the end of the day, the discrete bits and bytes of data are tied to physical locations. While information on the internet transcends […]

Clash of the Smartphone Titans – Nokia vs. Apple

Amanda Branch is a J.D. Candidate at Osgoode Hall Law School, and is taking the Patent Law course. Clashes between large companies are hardly uncommon, particularly when the salient issue concerns valuable intellectual property. Recently, Nokia has filed a lawsuit in the US against Apple claiming 10 alleged patent infringements involving wireless data, speed coding, security […]

i4i Inc. vs. the Software Giant: success story and advice from the underdog

Nathan Fan is a JD candidate at Osgoode Hall Law School. When Toronto-based i4i Inc. suspected their software patent had been infringed by Microsoft Corp., they rallied their resources and launched a lawsuit against the software giant in March 2007.  i4i’s patent was granted in 1998 for their XML software which allowed users to manage large amounts […]

English Patent Infringement Case Raises Cognitive Science Issues

Courts frequently rely on cognitive science to help decide the correct outcome in Intellectual Property cases – particularly in trade-mark disputes with respect to confusion. A recent case before the Patent Court of England and Wales, has raised interesting cognitive science issues with respect to novelty and public domain.  As a defense to patent infringement, […]