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Documents on intellectual property
 

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HTMLWill the Federal Circuit Bring Definiteness to the US Supreme Court's New Standard for Indefiniteness?
Jennifer D. Bennett, Kevin Greenleaf, Robert F. Kramer, Lissi Mojica, Russell Tonkovich; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on November 5, 2014
Patents are required to “conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as [the] invention.” 35 U. S. C. §112. This requirement, known as "definiteness," dates back to the first Patent Act...

 

HTMLIt’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5th, 2014
Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric designs are used for purely ornamental and decorative purposes, for purposes...

 

HTMLNew European Unity Rules in Effect November 1, 2014
Christina Sperry, David Wraige; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
Good news for European patent applicants! On November 1, 2014, amended Rule 164 of the European Patent Convention (EPC), which was previously analyzed by Global IP Matters, finally went into effect. Rule 164 as amended offers applicants more flexibility because the European Patent Office (EPO) will...

 

HTMLApplicant Avoids Finding of Copyright and Trademark Infringement, Successful in Having Certification Mark Struck from the Register
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
The Applicant, the Denturist Group of Ontario (“DGO”) was seeking declaratory, injunctive and monetary relief against the Respondents (the Denturist Association of Canada (“DAC”) and the Denturist Association of Ontario (“DAO”)) to invalidate the DAC’s...

 

HTMLElectronically Signing USPTO Papers: There’s a Rule for That
Christina Sperry; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 20, 2014
Ten years ago, on September 21, 2004, the USPTO implemented the portion of the 21st Century Strategic Plan permitting the use of electronic or mechanical signatures, called “S-signatures,” on papers filed at the USPTO. Now a largely routine practice, the rule at 37 C.F.R. 1.4 governing...

 

HTMLCanada’s New Notice and Notice Regime for Internet Copyright Infringement
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
November 17, 2014, previously published on November 4, 2014
Canada’s new “notice and notice” regime for Internet copyright infringement will come into effect on January 2, 2015. The regime provides a mechanism for copyright owners to give notice of Internet-related copyright infringement claims to Internet intermediaries, who are required...

 

HTMLAppeal Decision Addresses the Promise Doctrine
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
This decision relates to two appeals that were heard together and the reasons apply to both. The decision set out the parties’ positions and then noted the standard of review for the issues. In particular, patent construction is a question of law, which is assessed on a standard of...

 

HTMLNew Trial Ordered and Injunction Set Aside Due to a Refusal to Allow an Amendment to the Defence and Counterclaim
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
The Federal Court of Appeal has heard three related appeals from this proceeding in the Federal Court, and in the result, has sent the matter back down for re-hearing.

 

HTMLAppeal Dismissed: Federal Court Finds Real and Substantial Connection, Jurisdiction
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
The Defendant, Internet Archive Canada (“IAC”), appealed the order of Prothonotary Aalto, who dismissed IAC’s motion for a permanent stay of the proceedings by the Plaintiff, Daniel Davydiuk (“Davydiuk”) in Ontario. The Prothonotary found that the Court had...

 

HTMLLeave to Appeal to SCC Granted for a Section 8 Damages Case
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this proceeding, as listed by the Supreme Court, include:

 


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