Earlier today, the United States Supreme Court released a decision in Global-Tech Appliances, inc. v. SEB S.A. (PDF) on the test for inducement of infringement. The majority held that induced infringement requires knowledge that the induced acts constitute patent infringement.
Category Archives: Daily Alert
Use of technology at the Federal Court
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by June 17, 2011July 15, 2011.
Masterpiece decision released by SCC
Earlier today, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 relating to the analysis of likelihood of confusion between trademarks. The decision is an appeal from the Federal Court of Appeal in 2009 FCA 290.
En banc CAFC rules on inequitable conduct
The U.S. Court of Appeals for the Federal Circuit released its en banc decision in Therasense (PDF). The majority held that the defendant must prove the applicant misrepresented or omitted material with a specific intent to deceive the patent office to be successful with an inequitable conduct defence.
SCC to release decision in Masterpiece
The Supreme Court of Canada announced that it will be releasing its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. on Thursday, May 26. The case is an appeal from the Federal Court of Appeal decision in 2009 FCA 290 and relates to the likelihood of confusion between trademarks. Continue reading SCC to release decision in Masterpiece
Changes at the Supreme Court
The Supreme Court of Canada announced that Justice Ian Binnie and Justice Louise Charron will be retiring at the end of August.
Five IP leave applications at the SCC
The Supreme Court of Canada is planning to announce judgments in five intellectual property related leave applications on Thursday, May 5, 2011. The leave applications relate to fair dealing, s.8 damages under the PM(NOC) regulations, the Saccharin doctrine and insufficiency.
Amazon.com hearing set for June 21
The Federal Court of Appeal has fixed the hearing date regarding the patentability of Amazon.com‘s patent for June 21, 2011 at 9:30 on Toronto.
Microsoft v. i4i at the USSC
Yesterday, the United States Supreme Court heard oral arguments in the Microsoft v. i4i patent case in the United States. Microsoft appealed to the Supreme Court, arguing that the standard of proof needed to invalidate an asserted patent is too high. Patently-O has a summary of the oral arguments.
Amendments to PM(NOC) Regulations
In today’s Canada Gazette, amendments to the Patented Medicine (Notice of Compliance) Regulations were published relating to ‘Extraordinary Use New Drugs’ (EUNDs). Changes were also made to the regulations under the Food and Drugs Act.