Last week, in Tucows.Com Co. v. Lojas Renner, 2011 ONCA 548, the Ontario Court of Appeal determined that a domain name was “personal property in Ontario” for the purposes of jurisdiction under Rule 17.02(a) after a UDRP proceeding had already been started.
Category Archives: Daily Alert
CIPO issues patentable subject guidelines
The Canadian Patent Office has issued guidelines to its examiners on examining patent applications for patentable subject matter in light of the Federal Court’s Amazon.com decision.
U.S. CAFC on patentability of isolated genes
Earlier today, the U.S. Court of Appeals for the Federal Circuit in Myriad Genetics held that isolated genes are patent-eligible subject matter, reversing the lower court in part (PDF).
Continue reading U.S. CAFC on patentability of isolated genes
UK Supreme Court on enforcement of foreign IP
Earlier today, UK’s highest court held in Lucasfilm Ltd v Ainsworth that the English courts can decide the issue of infringement of U.S. copyright where there is jurisdiction over the defendant. Continue reading UK Supreme Court on enforcement of foreign IP
New CIRA domain name dispute rules
CIRA has announced that they are implementing a new set of policies and rules for domain name disputes. The new CDRP includes changes to the meaning of “use”, “confusingly similar” and “bad faith” along with a host of other changes and will come into force August 22, 2011.
Federal Court of Appeal on s.73
In decision released yesterday, the Federal Court of Appeal considered the application of s.73(1)(a) ‘good faith’ under the Patent Act and held that “Its operation is extinguished once the patent issues.” (PDF of decision) Dimock Stratton represented two of the respondents in the case and has a summary available.
Bifurcation Orders
The Federal Court has posted a “model” bifurcation order (DOC) for use in intellectual property matters.
Apology
I was away last week on vacation and unfortunately my computer failed while I was away. It is up and running now and today’s email should include all the updates for the past week. Sorry for the interruption!
Patentable Subject Matter Update
Earlier today, the United States Supreme Court announced that it would be hearing the appeal in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Amazon.com hearing before the Federal Court of Appeal is scheduled for tomorrow in Toronto.
US Supreme Court rules on presumption of validity
The U.S. Supreme Court issued its decision in Microsoft v. i4i (PDF) and held in favour of i4i, upholding the “clear and convincing evidence” standard of evidence needed overcome the presumption of validity in an issued patent. Continue reading US Supreme Court rules on presumption of validity