Nigel D'Souza is a JD Candidate at Osgoode Hall Law School. I have been researching at Human Rights Law Network for over a month now and my findings are quite concerning. In terms of patent law, a skeleton based on international standards is in place but clarity is lacking. As mentioned in my previous post, […]
The controversial doctrine of inequitable conduct has once again garnered much attention in the patent law community due to the recent denial of certiorari by the US Supreme Court in Aventis Pharma v. Amphastar. The doctrine of inequitable conduct allows courts to exercise equitable discretion to find a patent unenforceable if the applicant has failed to exercise his or […]
Industry responses to the European Commission (EC) preliminary report on pharmaceutical competition (see the IPilogue blog of Dec. 15, 2008) are becoming available, and criticism has been abundant. In no uncertain words professional associations are wondering aloud whether the EC properly interpreted the facts or, more generally, misconstrued the purposes of the current patent system. […]