In a decision released Friday, the Federal Court of Appeal held that inventive concept is a question of law and application judges should look to determinations of inventive concept made in prior proceedings.
Continue reading Federal Court of Appeal on Inventive Concept
Tomorrow is the one-year anniversary of the Federal Court of Appeal’s Amazon.com decision on patentable subject matter. There are reports that new CIPO Practice Notices on patentable subject matter will be issued after Christmas.
In a decision released today, Justice Zinn held that the Federal Court had jurisdiction to consider Apotex’s impeachment action and motion for summary judgment and declared Pfizer’s patent on Viagra, Canadian Patent No. 2,163,466 invalid.
For those interested in the copyright action started yesterday, T-2046-12, the action is a claim for restitution of past copyright tariff payments on ringtones paid by the plaintiffs to SOCAN.
A subcommittee of the Federal Courts Rules Committee has issued its report on a review of the rules. Some recommendations include revising Rule 3 to focus on resolution rather than ‘determination’, introducing ‘proportionality’ to the Rules, increasing available cost awards and formalizing Practice Notices.
In a decision released today, the Supreme Court of Canada found Pfizer’s patent on sildenafil to be invalid for having an insufficient disclosure contrary to s.27(3) of the Patent Act.
Most of the amendments to the Copyright Act came into force today with publication in the Canada Gazette. Several sections, including those relating to notice-and-notice provisions for ISPs, are delayed for further regulations and the coming into force of treaties. Continue reading Copyright Act Amendments Enter Force
Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
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Last week, the Governor General in Council fixed the day portions of the Copyright Modernization Act are to come into force, as the day it is published in the Canada Gazette, likely on November 7th. Continue reading Copyright Modernization Act