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Monsanto v Schmeiser Does Not Indicate SCC Departure From Existing Precedents: But-For Causation Still Required for Contributory Infringement

Monsanto v Schmeiser Does Not Indicate SCC Departure From Existing Precedents: But-For Causation Still Required for Contributory Infringement

In Nycomed Canada Inc. v Teva Canada Limited 2012 FCA 195 (Noël, JA), the Federal Court of Appeal (FCA) considered whether the Federal Court erred in rejecting Nycomed’s counterclaim for induced infringement. The FCA upheld the lower court’s decision affirming that but-for causation must be established in order to successfully claim contributory infringement.

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

On September 13, 2012, IP Osgoode will be hosting a joint teleseminar with Osgoode Professional Development. The topic of the seminar will be the recent developments in copyright law as a result of Supreme Court rulings on 5 major copyright cases (known as the Copyright Pentalogy). For IP Osgoode coverage of the Copyright Pentalogy, see […]

Software Becomes that Much Harder to Patent in the United States

Software Becomes that Much Harder to Patent in the United States

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and business process patents with previous decisions from the United States Supreme Court. The holding also makes qualifying patent eligibility in business […]

For (Re)Sale: The ECJ Rules on the Exhaustion of Software Distribution Rights

For (Re)Sale: The ECJ Rules on the Exhaustion of Software Distribution Rights

Early in July, the European Court of Justice (ECJ) came to a decision with regards to the distribution rights retained by a software company. The ruling, resulting from litigation between UsedSoft GmbH and Oracle International Corp., which can be found here, will prove an important one in today’s increasingly digital society.

Quantum of Solace: UK Court Deems Police Retention of Uncharged Suspect Photos an Invasion of Privacy

Quantum of Solace: UK Court Deems Police Retention of Uncharged Suspect Photos an Invasion of Privacy

A UK High Court ruling handed down in June 2012 will change the policies of the Metropolitan Police (the Met), particularly after they release suspects without laying charges. In a decision centering on privacy practices and the encroachment of the State, it was held that the private interests of two complainants were compromised under the […]

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues […]

Is it Too Early for a 5-D Apple?

Is it Too Early for a 5-D Apple?

Apple is closing the gap to making full virtual reality a possibility.  On July 24th 2012, the U.S. Patent and Trademark Office granted the company a patent for its groundbreaking 5 dimensional technology. The Invention will incorporate virtual reality gloves, next generation sensors and touch screens to better immerse a user.