The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate in the intellectual property world. The court overruled an earlier panel decision from Scripps Clinic & Research Foundation v. Genetech, Inc., instead following the precedent […]
On Friday, July 31st, the United States House Committee on Energy and Commerce approved “America’s Affordable Health Choices Act” by a narrow three-vote margin. The bill was introduced in the House by Wisconsin Democrat Representative John Dingell. Representatives from around the country stated that the bill “will deliver the results the nation’s health care system […]
Australia is now at the centre of the global gene patent debate with a Senate inquiry that began last week in Melbourne. Senators in Australia began hearing public submissions on August 4th about the topic of gene patents in relation to the impact they have on health care costs. The inquiry centres around a bid […]
On Monday, July 13th, Mosaid Technologies Inc. filed a suit against IBM Corporation for patent infringement concerning six of Mosaid's United States patents. The suit was filed in the United States District Court in the District of Delaware. Mosaid, an Ottawa-based company, is well known for developing semiconductor technology. The patents involved in the suit […]
Intellectual property is an area of law that has more impact on our daily lives than many people realize. At a seminar series held at Blakes, Cassels & Graydon LLP on June 23rd, I learned that in order to fully understand intellectual property, it is important to consider other areas of law, such as insolvency […]
The Federal Court of Appeal has recently released its first decision interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations [PM(NOC)]. The PM(NOC) Regulations essentially serve as a link between the patent system and the drug regulatory approval system. The Regulations enhance protection for pharmaceutical patents by requiring generic companies to "clear" relevant […]
A recent Court of Appeal decision in England declared that retention of photos taken of a man by the police long after it was determined that no crime had occurred by the person was a breach of privacy. Andrew Wood was photographed as he was leaving the annual general meeting of Reed Elsevier plc, which […]
My first experience with intellectual property occurred several years ago when I watched a documentary on the patents on the genes BRCA1 and 2. Individuals with certain types of mutations within these genetic sequences are at a significantly higher risk for developing hereditary breast and ovarian cancer. Despite knowing little about both genetics and law at the […]
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 […]
Stephanie Anderson is a first year J.D. candidate at Osgoode Hall Law School. The United States has long been awaiting Congress to finally agree on proposed patent reform issues, and it seems the anticipation may soon end in the coming months for scientists and researchers. Preliminary hearings are scheduled for March and April of this […]