J. Bradley White J. Bradley White

Supreme Court holds that promises are not the yardstick to measure patent utility in Canada

The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...

Federal Court of Appeal provides much-needed clarity on the “obvious to try” test and meaning of “inventive concept”

The Federal Court of Appeal has provided clarity and guidance on two critical points in Canadian patent law: the meaning of “inventive concept”...

Industrial design protection becomes more animated and colourful in Canada

The CIPO has announced six new office practices aimed at improving service to stakeholders, applicants and practitioners alike by aligning Canadian...

Privilege for patent and trademark agents now in force in Canada

This new statutory privilege represents a significant improvement to Canada's intellectual property regime. Learn more.

$125-million pharmaceutical damages award undone by hearsay rule

The Court questioned Teva’s ability to supply the market due to its reliance on inadmissible hearsay evidence. The judgment is expected to have...

Federal Court limits number of experts to five per side for all phases of a proceeding

This ruling, which may still be appealed, may lower litigation costs in more complex proceedings, but it will require parties to select and marshal...