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Adobe PDFThe New Right of Opposition to the Trademark Registration Process in Mexico
Tracy Delgadillo Miranda; JATA - J.A. Treviño Abogados S.A. de C.V.;
Legal Alert/Article
June 26, 2016, previously published by JATA Website, 2016 on Summer 2016
On June 1st, 2016 an amendment to the Mexican Industrial Property Law was published on the Official Gazette introducing a new procedure that allows any person the right to oppose, on justified grounds, to the registration of a trademark in Mexico.

 

HTMLBrexit Impact on European Patents and Trademarks
Karissa F. Blyth, Peter G. Pappas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 24, 2016, previously published on June 24, 2016
On June 23, in the popularly-termed “Brexit” referendum, the United Kingdom voted to exit the European Union, a decision which will have wide-ranging effects, including potential effects on intellectual property rights in the UK.

 

HTMLOntario Superior Court Again Refuses To Strike Claims Pursuant to the Statute of Monopolies and the Trade-Marks Act
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
The defendant corporations sought to strike Apotex's claims to:

 

HTMLDecision Staying an Application Pending the Outcome of an Appeal in a Related Decision is Upheld
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
Constellation appealed from a procedural order of a Prothonotary staying this application until a determination on the merits is made in the related proceeding in Court File T-1104-15. The main appeal was dismissed, but the Court set aside the costs award and granted Dallevigne its costs based on...

 

HTMLSolidifying Claim Construction in Inter Partes Review - Cuozzo Allows Patent Office to Govern the Inter Partes Review Process
Karissa F. Blyth, Ann G. Fort, Robert R.L. Kohse, Peter G. Pappas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 23, 2016, previously published on June 22, 2016
On June 20, the U.S. Supreme Court’s decision in Cuozzo Speed Technologies, LLC v. Lee, 2016 WL 3369425 (June 20, 2016) upheld the Patent Office’s long-held policy of construing a patent claim according to its broadest reasonable construction even in review and also barred judicial...

 

HTMLCourt Disallows Pleading Amendments That Are Found To Have No Reasonable Prospect of Success
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
Teva has lost both of its appeals seeking to amend its pleading to add in a claim that the patent at issue had been fraudulently obtained by misleading the Patent Office, contrary to subsection 53(1) of the Patent Act.

 

HTMLPleadings Amendments are Allowed to Particularize What a Party Would Have Done in the "But For" World
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
This is an action where Apotex has claimed section 8 damages against AstraZeneca. The Court had previously ruled on a motion to determine objections arising out of discoveries. In that ruling, it was noted that the pleadings of both parties were deficient as it relates to what they would have done...

 

HTMLApplication for Prohibition Is Struck On Motion After the Court Construes the Patent and Finds No Infringement
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
Celltrion has successfully struck a prohibition application brought by Janssen after Celltrion sought to add indications to its already approved drug.

 

HTMLHearsay Statements Regarding the Generic's Ability to Supply in the "But For" World Should Have Been Excluded
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 15, 2016
A Judge of the Federal Court had previously awarded Teva section 8 damages under the PM(NOC) Regulations. The Court provided the key findings of fact in 2014 FC 248, previously summarized the week of April 7, 2014, and then issued an order providing the total damages accrued during the relevant...

 

HTMLSupreme Court Upends Law of Treble Damages in Patent Cases
Gregory A. (Greg) Castanias, Randy Kay, Greg Lanier, David M. (Dave) Maiorana, Kelsey I. Nix; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
On June 13, 2016, the United States Supreme Court dealt the Federal Circuit another reversal on an issue of law fundamental to patent infringement litigation. Prior to the Court's decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (which was consolidated for decision with...

 


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