Work Area: Patent law

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Comparison of Canadian and US approaches to patentability and infringement issues

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Canada and the United States share common characteristics in their legal systems, with many overlapping rules in patent law. However, inventors, patent holders and practitioners should also be aware of three fundamental differences that may have practical implications on IP strategy: whether a prior sale of a product bars patentability, the question of how similar a product could be without infringing on a patented invention and infringement in the context of the skinny-label pathway.

24 June 2024

A deep dive into patent law and exclusivity in the United States

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Life science legislation is nuanced and must be carefully navigated to when creating an effective patent portfolio. Having a keen understanding of regulatory provisions is key to navigating the many minefields inherent in the commercialisation of a successful product. 

24 June 2024

Australia: a toolkit for prosecution and enforcement amid patentability barriers

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Australia remains an in-demand jurisdiction for patent protection in the life sciences, as its patent system supports applicants and patentees with a legal framework that is closely harmonised with major jurisdictions – as standards for novelty and inventive step tend to follow a European approach, with key differences. 

24 June 2024

Tesla embroiled in $1 billion EV battery trade secret showdown 

The case accuses a former equipment supplier of stealing lucrative IP and exposes the weakness in Musk’s tough anti-patent rhetoric 

20 June 2024

Kathi Vidal talks patent value on stage at IPBC Global

“When I think of patent value, it's really the ability of a patent to attract investment and to be used to bring innovation to impact,” states the USPTO director

12 June 2024

Delhi High Court’s reversal of Novartis injunction provides further guidance on India’s controversial Section 3(d) requirement

Pendulum swings in favour of local generic drugmaker Natco in long-running Indian pharma dispute against Novartis

12 June 2024

US appeals court to weigh scope of prior art in PTAB cases

Lynk Labs Inc v Samsung Electronics Co questions the interpretation of patent applications as prior art printed publications, and the prior art date to be the application filing date

11 June 2024

Europe’s communications technology leadership at stake 

Saturday Opinion: Nokia’s Chief Licensing Officer Mobile Devices Susanna Martikainen says it is not too late to make crucial changes to the SEP regulation to limit adverse consequences

01 June 2024

Federal Circuit creates patent holder headache in design patent obviousness ruling

Chief IP counsel must brace for the impact as the precedential LKQ Corp ruling might do to design patents what Alice did to utility patents, some practitioners warn

29 May 2024

Ericsson wins largest-ever Indian patent litigation damages award in SEP dispute against Lava

The Delhi High Court has highlighted the importance of meaningful FRAND negotiations in its ruling that Indian smartphone brand Lava could not use the doctrine-of-exhaustion defence. Now that Lava has appealed and the court has set up a confidentiality club, the patent community is watching keenly to see how this dispute will play out.

22 May 2024

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