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Observations on Canadian patent cases. Friday, July 24, 2015. I am taking a two week summer vacation. I’ll resume blogging sometime in the week of August 10, starting with the cases that came out this week that I didn’t have time to blog before leaving, namely: Eli Lilly Canada Inc. v. Canada (Attorney General). Eli Lilly Canada Inc. v. Apotex Inc. And E Mishan and Sons, Inc v Supertek Canada Inc. Monday, July 13, 2015. Non-Infringing Alternative "Defence" Rejected Once Again. This argument is not a defe...

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Sufficient Description | sufficientdescription.com Reviews

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Observations on Canadian patent cases. Friday, July 24, 2015. I am taking a two week summer vacation. I’ll resume blogging sometime in the week of August 10, starting with the cases that came out this week that I didn’t have time to blog before leaving, namely: Eli Lilly Canada Inc. v. Canada (Attorney General). Eli Lilly Canada Inc. v. Apotex Inc. And E Mishan and Sons, Inc v Supertek Canada Inc. Monday, July 13, 2015. Non-Infringing Alternative Defence Rejected Once Again. This argument is not a defe...

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Sufficient Description | sufficientdescription.com Reviews

https://sufficientdescription.com

Observations on Canadian patent cases. Friday, July 24, 2015. I am taking a two week summer vacation. I’ll resume blogging sometime in the week of August 10, starting with the cases that came out this week that I didn’t have time to blog before leaving, namely: Eli Lilly Canada Inc. v. Canada (Attorney General). Eli Lilly Canada Inc. v. Apotex Inc. And E Mishan and Sons, Inc v Supertek Canada Inc. Monday, July 13, 2015. Non-Infringing Alternative "Defence" Rejected Once Again. This argument is not a defe...

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sufficientdescription.com

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Sufficient Description: " 'I Could Have Gone Down Metcalfe Street Instead"

http://www.sufficientdescription.com/2015/02/i-could-have-gone-down-metcalfe-street.html

Observations on Canadian patent cases. Sunday, February 1, 2015. I Could Have Gone Down Metcalfe Street Instead". Eli Lilly and Co v Apotex Inc / cefaclor. Zinn J [ Cefaclor Damages. 8220;Lilly Patents”]. 8220;Shionogi Patents”]. Zinn J’s Cefaclor Damages. Decision raises a couple of interesting legal issues related to causation, the first of which is the relevance of a non-infringing alternative to the assessment of damages:. Whom he agreed with [52]. An appeal in Lovastatin Damages. While this argument...

2

Sufficient Description: Non-Infringing Alternative "Defence" Rejected Once Again

http://www.sufficientdescription.com/2015/07/non-infringing-alternative-defence.html

Observations on Canadian patent cases. Monday, July 13, 2015. Non-Infringing Alternative "Defence" Rejected Once Again. This case is the accounting of profits portion of a bifurcated trial. In the liability decision, Laboratoires Servier v Apotex Inc. Snider J held that the defendants had infringed the plaintiff’s ‘196 patent and she allowed the plaintiffs to elect an accounting of profits [1]. This post deals with the treatment of non-infringing alternatives in the accounting. It is true that the courts...

3

Sufficient Description: Canada / UK Contrast in the Test for Inducement Liability

http://www.sufficientdescription.com/2015/06/canada-uk-contrast-in-test-for.html

Observations on Canadian patent cases. Tuesday, June 16, 2015. Canada / UK Contrast in the Test for Inducement Liability. Bayer Inc v Pharmaceutical Partners of Canada Inc / moxifloxacin (NOC). Warner-Lambert Company, LLC v Actavis Group Ptc and Ors. 2015] EWCA Civ 556. 28 May 2015) rev’g. 2015] EWHC 249 (Pat). EP 0 934 061. Provides a helpful European perspective on the issue, albeit in the context of Swiss form claims. (An excellent summary is provided by the. 162] is as follows:. But UK law is less st...

4

Sufficient Description: Inventive Concept and the Promise of Utility Are Not Necessarily Coextensive

http://www.sufficientdescription.com/2015/07/inventive-concept-and-promise-of.html

Observations on Canadian patent cases. Thursday, July 9, 2015. Inventive Concept and the Promise of Utility Are Not Necessarily Coextensive. AstraZeneca Canada Inc v Apotex Inc / esomeprazole. Dawson JA; Ryer, Webb JJA aff’g. The FCA’s brief Esomeprazole. Decision affirms a couple of important points that were raised in. Which I wrote before having read the FCA decision). My post on Rennie J’s decision. This shows that “the promise doctrine is alive and well post- Plavix FCA. The distinction between over...

5

Sufficient Description: No New Cases for the Week of 22 June

http://www.sufficientdescription.com/2015/06/no-new-cases-for-week-of-22-june.html

Observations on Canadian patent cases. Monday, June 29, 2015. No New Cases for the Week of 22 June. No new patent / NOC / data protection cases were released for the week of 22 June 2015. Keep in mind that I do not normally blog on procedural cases. To keep up with all IP cases, I recommend Alan Macek's. IPPractice Daily IP News. Subscribe to: Post Comments (Atom). University of New Brunswick. List of my articles. Disgorgement of Profits from Invalid Patent. Duty to Disclose the Invention.

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comparativepatentremedies.blogspot.com

Comparative Patent Remedies : August 2015

http://comparativepatentremedies.blogspot.com/2015_08_01_archive.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Monday, August 31, 2015. Two Empirical Studies of Awards of Attorneys' Fees Post-Octane Fitness. Two student notes present some descriptive statistics on U.S. district court awards of attorneys' fees to the prevailing patent owner following the Supreme Court's decision last year in Octane Fitness. 1 Hannah Jiam has posted a note on ssrn titled Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional'. Have ten...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits

http://comparativepatentremedies.blogspot.com/2015/01/canadian-court-rejects-principle-that.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, January 27, 2015. Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits. Or should X recover no lost profits because in that but-for world it would have lost just as many sales and just as much profit as it did in the real world? And elsewhere, is that from an economic standpoint the rule followed in the U.S. and France is correct, and that United Horse-Shoe. Anyway, Profess...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments

http://comparativepatentremedies.blogspot.com/2014/09/some-initial-thoughts-on-japanese-ip.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, September 9, 2014. Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments. As I mentioned yesterday. What follows are some key points from the Grand Panel's judgments, and my (very preliminary, somewhat hastily put-together, and therefore to be taken with a grain of salt) thoughts regarding them:. Is the one that is abusing the process (though I still haven't quite thought through my own views as to wh...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Ninth Circuit Affirms in Microsoft v. Motorola

http://comparativepatentremedies.blogspot.com/2015/07/ninth-circuit-affirms-in-microsoft-v.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Affirms in Microsoft v. Motorola. S the opinion. More later. Subscribe to: Post Comments (Atom). Thomas F. Cotter. Briggs and Morgan Professor of Law. University of Minnesota Law School. 229 19th Avenue South. To purchase my book. Link to my faculty webpage. Follow @ThomasCotter1 on Twitter. Other Blogs of Interest. Antitrust and Competition Policy Blog. Patent Law Blog (Patently-O). Westerngeco...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Ninth Circuit Opinion in Microsoft v. Motorola: Analysis

http://comparativepatentremedies.blogspot.com/2015/07/ninth-circuit-opinion-in-microsoft-v.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Opinion in Microsoft v. Motorola: Analysis. As I mentioned earlier, today the Ninth Circuit affirmed Judge Robart's judgment in Microsoft v. Motorola. Bottom line: the court's decision is consistent with the emerging consensus, both in the U.S. and abroad (as reflected in the CJEU's decision in Huawei. Mark A. Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking. To mitigate the risk that...

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Ottawa Patent Agency Incorporated

http://www.ottawapatentagency.com/links.html

Disclaimer: We are not responsible for third-party websites. United States Patent and Trademark Office (USPTO). Has links to various USPTO databases. 35 USC US Patent Law. 37 CFR US Patent Rules. Canadian Intellectual Property Office (CIPO). A Guide to Patents. World Intellectual Property Organization (WIPO). PCT Time Limit Calculator. National Patent Offices Closed Dates. European Patent Office (EPO). Links to patent databases, registers and gazettes. Searchable Collections of Judicial Opinions.

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Reasonable Royalties Based on Extraterritorial Sales

http://comparativepatentremedies.blogspot.com/2014/08/reasonable-royalties-based-on.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Wednesday, August 13, 2014. Reasonable Royalties Based on Extraterritorial Sales. Last April I blogged. About the $1.5 billion verdict in Carnegie Mellon University v. Marvell Technology Group, Ltd. First, Professor Brian Love filed an amicus brief on Monday in support of Marvell. You can download the entire brief here. Or on ssrn here. Here is the introduction and summary of argument:. The damages theory adopted below also threatens...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Disclaimer

http://comparativepatentremedies.blogspot.com/p/disclaimer.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. The author may provide links to other websites related to the topics covered in this blog, but the author does not intend such links to be endorsements of any of the content available on those sites. The author cannot vouch for the truth or accuracy of those sites. The opinions expressed on this blog are those of the author and should not be attributed to the University of Minnesota or to any other person or entity. Japan Patent Act ...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : June 2015

http://comparativepatentremedies.blogspot.com/2015_06_01_archive.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, June 30, 2015. US ITC to Review FRAND Issues. I'm still catching up on things after returning from Japan, and only today came across this post. For previous mention of this case on this blog, see here. Monday, June 29, 2015. A Chinese Case on Preliminary Injunctions. From this past February). Fifth, the court considered the balance of rights and interests including the public interest. The court concluded that the reques...

comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Huawei v. ZTE: Analysis

http://comparativepatentremedies.blogspot.com/2015/07/huawei-v-zte-analysis.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 16, 2015. Huawei v. ZTE: Analysis. The long-awaited CJEU judgment. In Huawei Techs. Co. v. ZTE Corp. Case C-170/13, takes something of a middle path to the question of whether it is an abuse of dominant position for the owner of a FRAND-encumbered standard-essential patent (SEP) to request injunctive relief against an alleged infringer. Here are a few things that struck me:. Of Fundamental Rights of the European Union].

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Sufficient Champagne | "Three be the things I shall never attain: Envy, content, and sufficient champagne."- Dorothy Parker

Three be the things I shall never attain: Envy, content, and sufficient champagne.- Dorothy Parker. Coke Bottle Wall Art. March 22, 2012 by nurselizabeth. A canvas, painted in any color you like (I used an 8×10 and I painted it black). An old 20 oz soda bottle, washed out and dried. A candle and match or lighter. Gold glue or paint. Mod podge or a hot glue gun. Step 2: Explore your inner pyro until you’ve gotten some odd bits. Let your odd bits cool. Posted in Wall Art. March 7, 2012 by nurselizabeth.

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Sufficient Cynic

Thursday, June 4, 2015. Let's Go See: San Andreas. Before we go any further, here’s the formula of any great disaster movie:. Find a leading man who is BARELY believable as a normal person, but put him in a uniform. If he’s in a uniform, he’s instantly sympathetic. Police Officers, Firefighters, Military members, all are acceptable. Now, Twister deviated from this, but only because Bill Paxton’s swagger is enough to make up for almost anything. Also he has a Southern accent, so bonus points. Or, in the c...

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Sufficient Description

Observations on Canadian patent cases. Friday, July 24, 2015. I am taking a two week summer vacation. I’ll resume blogging sometime in the week of August 10, starting with the cases that came out this week that I didn’t have time to blog before leaving, namely: Eli Lilly Canada Inc. v. Canada (Attorney General). Eli Lilly Canada Inc. v. Apotex Inc. And E Mishan and Sons, Inc v Supertek Canada Inc. Monday, July 13, 2015. Non-Infringing Alternative "Defence" Rejected Once Again. This argument is not a defe...

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Sufficient for Each Day. A Simple View of Life. Michael’s Photo Blog. Sufficient for Each Day. No, you’re not. How can you say that? Because I don’t know where I am. Why does it matter? Where do you want to be? That’s the point. I don’t know where here is; and I don’t know where I . . . Well, actually, I do know where I want to be, and I’m not there. How do you know? I don’t. That’s what’s so confusing. I’m not sure I can really explain it. Why do you think you want to be here? Why would I do that? True ...

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sufficient for our needs

Sufficient for our needs. A Celebration of Frugal Living. Sunday, June 12, 2011. 3 Month Supply of Food. So how do you decide what to buy? Sunday, May 15, 2011. Glass is good for storage, but is easily broken and heavier than plastic. Water may be canned in a boiling water bath if desired. To process, fill clean canning jars with water, leaving one inch headspace. Top with new lids and bands; process in a boiling water bath, 20 minutes for quarts. Treating water to store:. Emergency Disinfection of Water.

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