Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On August 04, 2022, the Federal Court of Appeal (“FCA”) reaffirmed…
Tag: validity
The Not-So-Obvious Aspects of an Obviousness-Type Double Patenting Analysis
The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use…
Re-litigating Patent Validity In Re Construction Equipment Company
Brian Chau is a JD candidate at Osgoode Hall Law School. A recent case, In Re Construction Equipment Company, came through the US Court of Appeals, Federal Circuit, which highlighted…
Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators
The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate…