Although a patent is typically seen as a right to exclude others, the willingness of American courts to automatically provide that right through a permanent or preliminary injunction has been affected by the Supreme Court of the United States in Ebay v. MercExchange (547 U.S. 388 (2006)). In a recent article, Prof. Richard Epstein argues […]
Although copyright issues have consumed the spotlight when it comes to Google Books, a recent thread has suggested that this feature may be of great use when it comes to patent prosecution. More specifically, the suggestion has been that Google Books has potential to become useful for prior art searching undertaken during preparation of a patent […]
Scientific discourse has always been encouraged as a means of nurturing accuracy and development, but according to a recent article by Andre Picard, the internet has changed the nature of scientific debate for the worse. According to Picard, in the world of cyberspace, scientific “evidence” now increasingly takes the form of anecdotal reports, and “debate” […]
In a move that signals a completely new approach in its industry, pharmaceutical giant GlaxoSmithKline (GSK) has announced that it will participate in a patent pool to allow access to patented chemicals and processes for development of treatment options relating to neglected diseases. The pharmaceutical industry has long taken criticism for the price of medicines, […]
Industry responses to the European Commission (EC) preliminary report on pharmaceutical competition (see the IPilogue blog of Dec. 15, 2008) are becoming available, and criticism has been abundant. In no uncertain words professional associations are wondering aloud whether the EC properly interpreted the facts or, more generally, misconstrued the purposes of the current patent system. […]
This is a live event blog for the Canadian Chamber of Commerce Business Forum on Illicit Trade: "Global Threat - Local Consequences" The event is being covered by IPilogue editors Jonathan Giraldi and Brandon Evenson 9:08 Bob Weese, Chair of the Canadian Intellectual Property Council (CIPC) has begun the forum by welcoming all attendees and discussing […]
In a recent U.S. patent dispute between two information technology players, a court has ruled that a patentee’s destruction of potentially relevant evidence may be sanctioned by a declaration of patent unenforceability. The ruling in Micron Technology, Inc. v. Rambus, Inc. (Civ. No. 00-792-SLR, 2009 U.S. Dist. LEXIS 1260 (D.Del., Jan. 9, 2009)) penalizes Rambus, a […]
Criticism leveled at pharmaceutical companies for their competitive practices has taken on a new dimension with the preliminary report from an inquiry of the European Commission (EC). The report on the Pharmaceutical Sector Inquiry, released November 28, confirms the existence of business tactics that are restricting competition in the European pharmaceutical market. The inquiry […]
According to a recent decision by a WIPO arbitration panel, an original manufacturer may not have an infringement complaint when an unauthorized dealer’s domain name contains the manufacturer’s trademark. Although there has been some criticism of the ruling, the decision appears to provide a balanced result. This high-impact ruling was a result of a complaint brought […]
We live in an economy where manufacturers constantly strive to protect and increase their market share. Strategic intellectual property protection can be a great way to ensure product exclusivity, but can, and should, a single product enjoy several different forms of IP protection? One area where this overlap can occur is between industrial designs and […]