Whether this is your first time enforcing your Canadian patent, or you’re a frequent flyer in the Canadian courts, it is important to cover your bases before firing off a claim. Prudent planning will help to ensure that legal and financial resources are deployed efficiently. Although not exhaustive, here are the top 5… → Read More
Is your patent being infringed in Canada? Top 5 things to consider before launching the lawsuit
Posted in Intellectual Property, PatentsPreserve Documents in the Face of Litigation
Posted in E-DiscoveryWith the massive number of emails and other electronic documents generated today on a daily basis, organizations face tough challenges in preserving documents in the face of litigation. In Voom HD Holdings LLC v. EchoStar Satellite LLC, Index No. 600292/08, 2012 NY Slip Op 00658 (January 31, 2012), the New York Appellate Division provides some timely guidance on what steps… → Read More
Obviousness: New Decision Holds that Court is to Look at Patent Disclosure to Determine the Inventive Concept
Posted in Intellectual Property, PatentsTo determine whether an invention claimed in a patent is obvious, what parts of a patent can the court consider to ascertain the inventive concept of the claims? According to the Federal Court decision in Allergan Inc. v. Canada (Minister of Health), the disclosure of a patent – not just the claims themselves – can be used… → Read More
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