Last blog added on Tuesday, January 24th, 2023

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Recent Posts

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  • Blogging Break Continues

    My blogging break is turning out to be longer than anticipated. I have been unexpectedly tasked with teaching a course that I have never taught before, in an area – professional conduct – that is unrelated to any of my research interests, and I have had to focus on getting up to speed. I am also wor … Read more »

  • Short Blogging Break

    I’ve fallen behind in my blogging as I’ve been struggling to understand the shocking majority decision in Nova v Dow 2022 SCC 43 — and now exam time is upon me. I’ll try to post something short on Nova v Dow next week, with a longer piece to follow. Then I’ll follow up with posts on some of the othe … Read more »

  • Validity of Non-asserted Claims May Be Attacked in NOC Action

    Janssen Inc v Apotex Inc 2022 FCA 184 Locke JA: Mactavish, Monaghan JJA affg Janssen Inc v Apotex Inc 2021 FC 7 Phelan J2,661,422 / abiraterone acetate & prednisone / ZYTIGA / NOC / FC Expectation of Success In this decision, the FCA affirmed Phelan J’s holding (see here) that Janssen’s 422 patent, … Read more »

  • Norwich Order Not to Be Used to Circumvent Discovery

    Worthware Systems International Inc v Raysoft Inc 2022 FC 1492 Pentney J 2,515,486 / Internet Based Cellular Telephone Service Accounting Method and SystemIn this decision Pentney J refused to grant a Norwich Order in the patent context. No new law was involved, but the decision is helpful nonethele … Read more »

  • IPIC Subject Matter Test Properly Subject to Appeal

    Canada (Attorney General) v Benjamin Moore & Co 2022 FCA 194 Rennie JA2,695,130 / 2,695,146 (applications)This decision relates to a procedural wrinkle in the Benjamin Moore litigation, which is set to clarify the law relating to patentable subject matter. The Commissioner had refused two of Benjami … Read more »