In an en banc decision released today, a majority of the U.S. Court of Appeals for the Federal Circuit held it is “not necessary to prove that all the steps [of direct patent infringement] were committed by a single entity” when determining induced infringement of method claims.
Tag Archives: Patents
Foreign Enforcement of IP and Ontario
Earlier this month, the Ontario Superior Court issued a couple of judgments relating to foreign IP proceedings with Ontario parties. In Blizzard v. Simpson, 2012 ONSC 4312, foreign copyright damages and an injunction were enforced. In Agemian v. Pactiv LLC, 2012 ONSC 4571, an “anti-suit” injunction was rejected, allowing an Illinois action relating to a North American patent settlement to proceed.
European Unitary Patent
A significant break through was made towards a single European Patent. EU has decided that Paris will host a central European Patent Court to determine issues of infringement and validity. The EPO will grant the unified patent for 25 countries.
Judge Posner Smartphone Litigation
On Friday, Judge Posner, sitting as a trial judge, dismissed with prejudice patent infringement litigation between Apple and Motorola on the basis that no damages could be proven by either side. Judge Posner stated that proof of infringement alone was not enough to warrant a remedial order, such as damages, an injunction or a declaration.
Brimonidine – Issues of Comity
Justice Hughes issued a decision in Allergen v. Apotex 2012 FC 767 (Brimonidine) earlier this week. He determined that Apotex’s allegation of obviousness was justified but granted the prohibition order on the basis that an earlier decision of Justice Crampton on the same patents, but different parties (2011 FC 1316) was contrary and therefore an issue of comity should be considered by the Federal Court of Appeal. The decision and a summary is available from Beeser Ramamoorthy.
Panama
Panama has become the newest PCT Contracting State. PCT applications filed after September 7, 2012 will automatically include the designation of Panama.
Biosimilar litigation comes to Canada
A biosimilar PM(NOC) litigation proceeding was started recently involving the drug Filgrastim. The proceeding was started by Amgen Canada against Teva in T-989-12.
Ramipril Section 8
Decisions were released publicly yesterday in two PM(NOC) Section 8 proceedings. After a joint hearing with Justice Hughes, Justice Snider upheld the validity of Section 8 of the Regulations (in 2012 FC 551). She awarded the recovery of losses to Teva (in 2012 FC 552) and Apotex (in 2012 FC 553) on the assumption that an authorized generic and another generic would have enter the market.
Patents in 2011
The number of patent applications published or that entered national phase in Canada in 2011 was down slightly. Smart & Biggar, Gowlings and Norton Rose remained the top three patent firms by volume of applications for 2011. My list of patents firms by volume is now available for 2011.
Eurocopter v. Bell Helicopter trial decision
The Federal Court released a decision earlier this week after the trial in the patent infringement action Eurocopter v. Bell Helicopter, 2012 FC 113 finding a claim of the patent valid and infringed. The Court also awarded punitive damages. Continue reading Eurocopter v. Bell Helicopter trial decision