Whose Patent is It Anyway?: The Ongoing Legal Legacy Between Samsung and Apple

Using a quote that he attributes to Pablo Picasso, the late Steve Jobs stated in a 1994 interview that “good artists copy, great artists steal.” It seems somewhat ironic that Apple Inc., the company he co-founded, now finds itself in an entrenched legal battle with Samsung over a number of alleged patent and trademark infringements. The twist? […]

Of Genes, Spleens and Property

Imagine a world of great biotechnological promise where the hope of preventative, diagnostic and treatment medicine to illness and disease is more of a reality than ever before. Further, imagine that this world has, in hand, a map of the entire human genome with bits of DNA no longer lying in wait for discovery but […]

Patenting Health: You Cannot Own the Laws of Nature

On March 20, 2012, the United States Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (U.S. 2012). The case was unanimous and emphatically reaffirmed that United States patent law does not allow ownership of "laws of nature." The context was a pair of patents owned by Prometheus which claimed […]

Golf Swing Patent Application Denied by IPO

In July of 2008, William Kostuj filed an international patent application titled “Method Of Forming A Golf Swing And Equipment”. The UK Intellectual Property Office [IPO] has denied the application that sought to patent a means of developing a golfer’s swing style without the use of a golf club. The full decision may be read […]

"Don't Hide The Ball" - Best Mode in the US Patent System

  I am pleased to join you from south of the border. My work has been focussed in the United States. Intellectual property laws are very powerful and important today. Yet they are but part of the larger body of law in any country. They are also part of a developing fabric of international commercial […]

China’s Patent vs. Innovation Dilemma

With a well-deserved reputation for counterfeiting and knockoffs, we have rarely looked to China for innovation and invention. Nevertheless, as an ever-growing giant on the world’s economic stage, China has taken steps to remedy this deficiency. About a year ago, Thomson-Reuters released their second report on the nation’s patent prowess, suggesting that China’s patent will outpace Japan […]

Amazon.com Appeal Allowed By The Federal Court Of Appeal

Nora Sleeth is a JD candidate at Osgoode Hall Law School. In June 2011, Amazon.com appeared before the Federal Court of Appeal as respondents in an appeal of the Federal Court’s decision that Amazon’s “one-click” business model was patentable subject matter. On November 24, 2011, the Federal Court of Appeal released its decision and allowed […]

Dramatic Expansion Of Patentability In The US: Google Acquired A Patent On Doodles

Xiaoyang Yang is a JD candidate at Osgoode Hall Law School and is enrolled in Professor Mgbeoji’s Patents class in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. In March 2011, Google was granted its long-sought patent for “Google Doodles” by the […]

Case Analysis: Human Genome Sciences Inc v Eli Lilly & Company (UKSC)

Ronak Shah is a JD candidate at Osgoode Hall Law School and is enrolled in Professor Mgbeoji’s Patents class in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. The IPilogue has already considered this decision on biotechnology patents, but this post provides […]

Open For Business: The Policy Justification Of Business Method Patents

Dan Whalen is a JD candidate at Osgoode Hall Law School and is enrolled in Professor Mgbeoji’s Patents class in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. This blog was written before the Federal Court of Appeal decision in Amazon.com was […]