Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not... Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for... Read More
Hindsight Approach to Obviousness Rejected In Oilfield Patent Dispute
Justice Manson’s recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination... Read More
LINGAYEN Trade-mark Cannot Be Preserved – Court of Appeal Clarifies Test for Marks Descriptive of Place of Origin
MC Imports Inc. appealed a decision of the Federal Court that invalidated its trade-mark for LINGAYEN in association with Filipino food products... Read More