Showing posts with label Canadian Intellectual Property. Show all posts
Showing posts with label Canadian Intellectual Property. Show all posts
Wednesday, May 28, 2014

PMPRB’S INTERPRETATION OF “PATENTEE” OVERLY BROAD

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Two recent Federal Court decisions considered the definition of a “patentee” in the context of the mandate of the Patented Medicines Pric...
Tuesday, January 8, 2013

Driving Alternative Inc. v. Jarvis, Federal Court Trial Division, 5 December 2012

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The Federal Court holds that KEYS PLEEZZ is confusing and infringes upon the plaintiff’s mark KEYS PLEASE, but reduces the amount of damag...
Tuesday, July 31, 2012

Scott Miller Successfully Sets Aside a Decision of the Commissioner of Patent Office to Irrevocably Lapse a Patent

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Scott Miller and the MBM Litigation Team successfully sets aside a decision of the Commissioner of Patents to irrevocably lapse a patent - n...
Thursday, May 10, 2012

Computer Implemented Inventions - the Steampunk Test

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Computer implemented inventions are often the subject of increased scrutiny at the Patent Office. Debates about software patents and bus...
Friday, March 23, 2012

MBM Successfully Upholds Agreement to Restrict Use of Descriptive Terms

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Before the Ontario Superior Court of Justice, Scott Miller of MBM Intellectual Property Law LLP, representing Skipper Online Services (SOS)...
Monday, June 13, 2011

Protecting Plant Varieties in Canada

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Protection for new plant varieties has been available for just over twenty years in Canada. As new technologies are sought for increasing an...
Friday, May 27, 2011

Supreme Court Decision Clarifies Relationship Between Common Law and Registered Trade-mark Rights

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MASTERPIECE INC. v. ALAVIDA LIFESTYLES INC. Background and Judicial History Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are...
Thursday, April 21, 2011

IMPORTANT NOTICE: Expedited Examination Eligibility

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APRIL 30th DEADLINE Expedited Examination: Deadline to Request Reinstatement of Abandoned Applications As noted in our newsflash of March ...
Saturday, March 19, 2011

Newsflash | Changes to Expedited Examination in Canada

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Changes relating to Expedited Examination in Canada came into force on March 3, 2011. These changes include: 1. Under current provisions to...
Thursday, March 17, 2011

Sold in New Jersey = Sold in Canada

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In its first decision of 2011 (see  Celgene Corporation v. Attorney General of Canada , 2011 SCC 1), the Supreme Court of Canada (“SCC”) cla...
Monday, March 14, 2011

Recent Developments in the Political Front Regarding Compulsory Licensing

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Brand name pharmaceutical companies may want to keep themselves abreast of recent developments in respect of compulsory licensing of patente...
Thursday, March 10, 2011

Another Strong Win By MBM - Empresa Cubana Del Tabaco Trading Also As Cubatabaco v. Shapiro Cohen and The Registrar Of Trade-marks

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This was an appeal from two decisions of the Registrar of Trade-Marks expunging two Cohiba cigars trade-marks. The Court concludes that: 1...
Wednesday, March 9, 2011

MBM Wins Before the Federal Court - Repligen Corporation v. Attorney General Of Canada

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The central argument in this judicial review of a patent decision – that was accepted by the Court – is below: B. The Applicant’s Oral Argu...
Thursday, January 27, 2011

Filing Away into USA

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An article in the Globe & Mail on January 17, 2011 highlights the record number of patents issued to Canadians in 2010, and included the...
Tuesday, January 25, 2011

Clarifying the Commissioner’s Discretion under S. 8 of the Patent Act

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Congratulations to MBM on a successful Judicial Review of the Commissioner of Patent’s refusal to grant a S. 8 Clerical Error remedy on beha...