CIPO has released consultation documents on the timing of accelerated examination for industrial design applications with claims of priority.
All posts by Alan Macek
USSC on Orange Book information
The U.S. Supreme Court issued its decision today in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S on patent listing requirements in the FDA’s “Orange Book” for patented drugs. Caraco, an ANDA filer, brought a counterclaim in Novo’s Hatch-Waxman infringement action seeking an order that Novo correct patent information in the Orange Book on the basis the patent did not claim a use of the drug.
Copyright gray market and Hatch-Waxman
The U.S. Supreme Court granted cert today in Kirtsaeng v. John Wiley & Sons, Inc. relating to gray market textbooks and the copyright first sale doctrine. Also today, the CAFC released two decisions relating to the Hatch-Waxman Act.
Appropriation of Personality
In a decision released recently, the Court of Queen’s Bench of Alberta in Hay v. Platinum Equities, 2012 ABQB 204 granted damages for the appropriation of personality of a “non-celebrity”.
Google AdWords and Trademarks
The U.S. Court of Appeals for the 4th Circuit released a decision earlier this week in Rosetta Stone v. Google, remanding issues of trademark infringement in the summary judgment appeal relating to Google’s AdWords program.
Judges on the move
Judges were appointed today to the Ontario Court of Appeal, the Quebec Court of Appeal, the B.C. Court of Appeal, the Saskatchewan Court of Queen’s Bench, the Superior Court of Quebec, and the Ontario Superior Court of Justice. In other judicial news, former Supreme Court Justice Ian Binnie has announced that he is joining Lenczner Slaght.
CIPO consultation on patentable subject matter
CIPO has released its consultation documents on patentable subject matter. The consultation period is open until May 2, 2012 and relates to both the Federal Court of Appeal’s decision in Amazon.com and diagnostic methods.
Continue reading CIPO consultation on patentable subject matter
Sound marks in with a roar
The first sound trademark was approved and advertised in today’s Canadian Trade-mark Journal – MGM’s roaring lion. The Canadian Intellectual Property Office announced that they will now be accepting applications for sound trademarks effective immediately.
No Copyright Crown immunity
The Copyright Board has released its reasons for denying a claim of Crown immunity by various provincial governments in Access Copyright’s request for a tariff on reproductions by government employees.The governments had challenged the legality of the tariff on the basis that tariffs under the Copyright Act did not apply to the government.
USSC on unpatentable subject matter
The U.S. Supreme Court has issued its decision on the patentability of correlation procedures in Mayo Collaborative Services v. Prometheus Labs., Inc. The Court unanimously reversed the CAFC and held that the claims were effectively directed to laws of nature and therefore unpatentable.