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23 June 2015

When it comes to monetising Japanese patents, WiLAN seems to have the special sauce

Canada’s Globe and Mail reported last week that Ottawa-based publicly traded NPE WiLAN “continues to underwhelm investors” who “have mostly given up on waiting for a big windfall” from their shares in the company. IAM has written before regarding…

17 June 2015

‘Shoulda, woulda, coulda’: the non-infringing alternative in Canada

What is the value of a patent? From a strictly legal perspective, the value of a patent is no more and no less than the value of the exclusive rights granted in respect of an invention. In Canada, a patentee has “the exclusive right, privilege and…

17 June 2015

Federal Court of Appeal questions patent law principles

In Cobalt v Bayer the Federal Court of Appeal has explicitly called into question two central principles of Canadian patent law: the standard of review for claim construction and the patentability of methods of medical treatment. The court noted that a full consideration of the method of medical treatment doctrine would be merited by the Federal Court of Appeal or the Supreme Court in a future case.

16 June 2015

Patent values about to climb, heroic inventors, the US's patent failure, hope for SMEs, and much more at the IPBC

The first full day of the IPBC Global in San Francisco is now done and dusted. Here, IAM’s editorial team – Joff Wild, Richard Lloyd, Jack Ellis and Sara Jayne Clover – pick out a few of the highlights from the sessions and from the conversations…

10 June 2015

Competition guidelines may be a game-changer for patent-intensive industries

The Canadian Competition Bureau is in the midst of updating its Intellectual Property Enforcement Guidelines. Draft updated guidelines centring on how Canadian competition law could be applied in several areas, including issues of particular importance to technology companies and firms in patent-intensive industries, are expected to be issued for public consultation this week.

04 June 2015

Big in numbers, but low on price, WiLAN’s Qimonda purchase confirms depressed state of the patent market

A patents deal market desperately trying to rediscover some of its 2011 mojo this week witnessed WiLAN’s $33 million acquisition of the former Qimonda portfolio from Infineon Technologies. The portfolio covers a range of technologies including DRAM,…

01 May 2015

Patent sales are on the up; buyers would do well to make hay while the sun shines, as soon prices may rise too

Open market patent sales are on the rise and have increased by over 80% since the first quarter of 2014, according to data released by law firm ROL yesterday. Based on a cross-reference of packages offered and assignments recorded at the USPTO, ROL…

01 April 2015

The year in review for Canadian copyright law

During 2014 Canadian copyright law continued to grapple with the ongoing technological revolution, and parties continued to grapple with the legislative and judicial tools that attempt to keep up with it.

25 March 2015

Canadian trademark law: top cases of 2014

The year 2014 will be remembered as the year when Canada rewrote its trademark laws. However, 2014 was also an exceptionally busy year for trademark cases in Canada. While no single case stood out above the rest, there were a number of interesting cases of which both legal professionals and brand owners should take note.

20 March 2015

Microsoft USPTO patent assignments may indicate a change of monetisation strategy

In the Data centre section of each issue of IAM magazine, we include tables outlining the preceding two months’ top assignors and assignees of patents as recorded at the US Patent and Trademark Office. The data – which is provided by ktMINE – ranks…

18 March 2015

Canadian patent law: 2014 year in review

The year 2014 saw a number of noteworthy Canadian patent law decisions and developments. For example, in Celebrex the Court of Appeal addressed the 'promise of the patent' doctrine; and a number of changes to the Patent Act and the Industrial Design Act were announced.

11 February 2015

Customs recordal now available in Canada to combat counterfeit goods

In January 2015 portions of the Combating Counterfeit Products Act came into force, enabling rights holders to record their copyrights and registered trademark rights with the Canada Border Services Agency (CBSA) in an effort to stop counterfeit goods before they enter the Canadian market. The CBSA has adopted a new border regime to assist rights holders in enforcing the new statutory prohibition against the import of counterfeit goods.

02 February 2015

A senior team of deal-makers, technologists and lawyers departs Rockstar to start new firm

A team of senior Rockstar Consortium executives has left the firm to start an IP advisory business they are calling Marquis Technologies. They will be led by John Veschi, previously Rockstar’s CEO and before that chief IP officer of Nortel. Their…

14 January 2015

Canada prepares for Patent Law Treaty

The Patent Act is undergoing amendment courtesy of Bill C-43, known as the Economic Action Plan 2014 Act, No 2. Although Canada is fulfilling its undertakings to adhere to the Patent Law Treaty, the amendments introduce additional changes beyond Canada’s treaty obligations.

17 December 2014

Canada prepares for Hague Agreement on international industrial design registrations

The Industrial Design Act is to be updated, courtesy of the Economic Action Plan 2014 Act 2. Driving the change is the Hague Agreement Concerning the International Registration of Industrial Designs. Once in force, the amended act will serve to align Canada’s laws on industrial designs with international standards and enable Canada and Canadians to participate in international registrations through the Hague Agreement.