IP Intensive Program: Interning at CodeX, at Stanford University: The Highlight of My Law School Experience

Last semester, I had the honour of interning at the CodeX Center for Legal Informatics at Stanford University in Palo Alto, California. This internship was one of the many placements available through Osgoode Hall Law School's Intellectual Property Law & Technology Intensive Program. This program provides students with a two week period of discussions with […]

Inequitable Conduct in Canadian Patent Prosecution

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]

Military Tactics and Rock Star Patent Lawyers; the Patent System under Stress

Charles Duhigg and Steve Lohr, reporters for The New York Times, have published an insightful commentary on the current state of the patent system and, in particular, the state of software patents.

U.S. Court of Appeals Stands Tall on the Subject of Gene Patents in the Wake of the Mayo v Prometheus Ruling

The United States Court of Appeals for the Federal Circuit, in the case Association for Molecular Pathology (AMP) and ACLU v. USPTO and Myriad Genetics (Myriad), held in August that isolated genes are a patent-eligible subject matter. The Court of Appeals reaffirmed its prior ruling on the matter, which was recently covered by IP Osgoode.

Software Becomes that Much Harder to Patent in the United States

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and business process patents with previous decisions from the United States Supreme Court. The holding also makes qualifying patent eligibility in business […]

The EPO Rules that Email Use will not Publically Disclose a Patent

Koninklijke Philips Electronics N.V. has survived a challenge against its “Display Device” patent by DSM IP Assets B.V. in a ruling by the Boards of Appeal of the European Patent Office (EPO) that tries to clarify the law around public disclosure of a patent and the use of email.

United States Court of Appeals Finds Balance between Artistic Expression and Trademark Protection

The United States Court of Appeals has handed down a ruling that tries to clarify the overlap of First Amendment protected artistic expression and unregistered and registered trade-marks.

Oracle Fails to Predict Copyright Case Outcome Against Google

The copyright and patent dispute between Oracle and Google continues, however a partial verdict on the copyright side of the debate has been handed down.

European ISP Wins Battle Against Monitoring Its Network For Copyright Infringement

Mark Bowman is a JD candidate at Osgoode Hall Law School. The Court of Justice of the European Communities has ruled that internet service providers (ISPs) cannot be forced to monitor subscriber traffic if doing so impedes on their freedom to conduct their business and if doing so would infringe on the fundamental rights of […]

Spanish Trademark Ruling Has One Side Happy, Other Side Seeing Red

Mark Bowman is a JD candidate at Osgoode Hall Law School. The Courts of Appeals of Barcelona have dismissed an appeal by the Red Cross concerning the trademark infringement of the logo of the candy company Happy Pills. As reported by the Spanish website elPeriódico.com, the court rejected the Red Cross’s argument that the candy […]