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HTMLInvalidity Allegations re Anticipation and Obviousness Found Justified
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 27, 2014, previously published on August 20, 2014
In this case, Apotex sought to enter the market with its generic version of travoprost. The Court dismissed the proceeding on the basis that Apotex’ allegations as to anticipation and obviousness were held to be justified. The Court construed the claims at issue to claim the use of a compound...

 

HTMLCourt Grants Appeal: Decision of Registrar Set Aside
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 27, 2014, previously published on August 20, 2014
This was an appeal of a decision of the Trade-marks Opposition Board refusing the trade-mark application made by Hayabusa Fightwear Inc. (the “Applicant”), seeking registration of the trade-mark HAYABUSA (the “Mark”). The refusal was made following the opposition of Suzuki...

 

HTMLHighlights of Latest Amendments to the Application Procedure under the Trademark Law of China
Jane Tsai; Lee Tsai Partners Attorneys-at-Law;
Legal Form
August 27, 2014
The Amendments to the Trademark Law of the People's Republic of China which came into effect on May 1 this year are the third amendments to the law since 1982 (the previous two amendments were made in 1993 and 2001) with the largest scale of modification after ten years of exploration and...

 

HTMLFederal Court Confirms that Compelling Evidence Is Needed To Reject Marks for Falsely Suggesting a Connection with a Living Individual
Graham A. Hood; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
August 27, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update
Paragraph 9(1)(k) of Canada’s Trademarks Act prohibits a person from adopting a trademark consisting of, or so nearly resembling as to be likely to be mistaken for, “any matter that may falsely suggest a connection with any living individual”. The recent decision of Canada’s...

 

HTMLSecond Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use...

 

HTMLALJ Shaw Terminates Investigation As To Certain Patents In Certain Toner Cartridges (337-TA-918)
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
August 25, 2014, previously published on August 21, 2014
On August 14, 2014, ALJ David P. Shaw issued Order No. 11 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918).

 

HTMLITC Institutes Investigation (337-TA-926) Regarding Certain Marine Sonar Imaging Systems
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
August 25, 2014, previously published on August 21, 2014
On August 15, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Marine Sonar Imaging Systems, Products Containing The Same, And Components Thereof (Inv. No. 337-TA-926).

 

HTMLOntario Court Declares That Bare Trademark License Agreement Is Not Subject to Franchise Disclosure Legislation
Helen Fotinos, Brooke MacKenzie, Catherine M. Samuel, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation. The decision provides guidance to companies that wish to avoid the application of Ontario’s Arthur Wishart Act (Franchise...

 

HTMLFederal Circuit Upholds Inequitable Conduct Defense Against Apotex Patent
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
In Apotex Inc. v. UCB, Inc., the Federal Circuit upheld the district court’s finding that Apotex’s patent is unenforceable due to inequitable conduct. While affirming on the ground of “but-for materiality,” the Federal Circuit noted that the inventor’s conduct...

 

HTMLNPEs Continue to Play Large Role in Patent Litigation
Stephanie A. Quick; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014
The annual patent litigation study recently released by PricewaterhouseCoopers LLP (PwC) sets forth some interesting trends in patent litigation, including that cases involving non-practicing entities (NPEs) continue to account for a large and increasing amount of patent cases. This may bolster...

 


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