The Top Line
Insights on the latest legal news and developments from our expert lawyers,
with a handy top-line summary for busy people like you.
-
Patent claims held invalid for being broader than the inventor “contemplated”
The Federal Court found that claims of three water slide patents were invalid for being broader than contemplated by the inventor. This is an interesting decision because there are few, if any, examples in Canadian patent law where overbreadth is the primary or sole independent ground of invalidity. Furthermore, the focus of this decision on…
·
-
Supreme Court to consider patentability of medical methods
The Supreme Court of Canada will be deciding whether methods of medical treatment are properly patentable subject matter under s. 2 of the Patent Act. This represents the first time in over 50 years in which the Court will address the issue.
·
-
Accounting of profits reaffirmed as available remedy for patent infringement
The Federal Court of Appeal provided clarifying guidance the “accounting of profits” for patent infringement. As a starting point, successful patentees are entitled seek an accounting of profits unless there are sufficient reasons to deny the remedy. This decision negates previous case law that suggested accounting of profits may be a purely discretionary decision of…
·
