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23 September 2015

Court rejects the concept of initial interest confusion

The British Columbia Supreme Court has issued one of the first Canadian decisions addressing at length the issue of keyword advertising in the context of an action for passing off. The court found that the use of a competitor’s trademark in keyword advertising did not constitute passing off, and in doing so rejected the idea of initial interest confusion as a basis for a finding of a likelihood of confusion.

11 September 2015

“Odds of success are just too small now” for licensors, says outgoing WiLAN CEO Jim Skippen

Back in June WiLAN announced that its CEO Jim Skippen would be stepping down after nine years at the helm. When he took the top spot at the Canadian NPE, it had a market capitalisation of less than C$30 million. Today, it stands at well over C$300…

10 September 2015

ZTE taps Blackberry talent to develop high-quality patent assets and drive US success

The average US consumer might not be familiar with the ZTE brand, but the latest figures from global intelligence firm IDC show that it has moved into fourth place in the American smartphone market, behind Apple, Samsung and LG. The Chinese company…

26 August 2015

Federal Court of Appeal reinterprets product specificity requirements

A recent Federal Court of Appeal ruling represents a key victory for innovators. The decision restores the principle (and prior practice) that allows the listing of patents claiming ingredients not specifically named in the patent, provided that a match exists between the claims as construed and the approved product.

12 August 2015

Federal Court introduces new measures to streamline IP litigation

The Federal Court has issued a practice notice providing new measures that seek to improve case management of complex litigation, including IP litigation. The measures – designed to achieve increased proportionality in court proceedings – streamline certain aspects of IP litigation and should result in both time and cost savings for litigants.

05 August 2015

Federal Court grants interlocutory stay in IP dispute

The Federal Court has issued an interlocutory stay in the context of a data protection application in Horizon Pharma plc v The Minister of Health. The proceeding underlying the decision was an application for judicial review of the minister of health’s decision to deny data protection for a new orphan drug called Ravicti for the treatment of urea cycle disorders.

30 June 2015

We may now be reaching the point when PIPCO deals begin to take place

Half-way through 2015, it’s clear that this has not been an easy six-months for most in the public IP company (PIPCO) market. Even Marathon, once the darling of the sector, has been hit, with its share price currently just under $3 (compared with a…

26 June 2015

BlackBerry's deal with Cisco could mark the Canadian company's coming of age as a big patent licensor

No-one willingly pays to license patents is an old adage and a very accurate one. There are few to which it applies with more vigour than Cisco. So, the news a few days back that the company had entered into a cross-licensing agreement with…

24 June 2015

Industrial design protection: Federal Court of Appeal confirms broad scope of protection

Recent case law in Canada had precluded enforcement of an industrial design where features common between the design and the accused article included functional purposes. However, in a recent decision the Federal Court of Appeal addressed this limitation on enforcement by holding that features of a design may be both functional/useful and aesthetic/visually appealing.

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,…