The Paradigm Shift of the Disruptive Technologies in the Post Pandemic World

China’s Patent Policy: Pros, Cons, and an AI Solution

Up the creek without a paddle: downstream exclusion threatens Qualcomm.

With echoes of the blockbuster Apple v Samsung case (see past IPilogue coverage here, here and here), The United States International Trade Commission (ITC) announced on Oct 6th that it will move ahead with a section 337 investigation into patent infringement claims made against Samsung Electronics Co. Ltd by NVIDIA Corp. The plaintiff alleges infringement of seven of its patents. This claim could potentially […]

US Decision Baaa-d for Inventions Replicating Nature

In Re Roslin Institute, the U.S. Court of Appeals delivered a potential setback to the biotechnology industry when it confirmed that inventions which are identical to those found in nature cannot be patented. Specifically, it denied patent protection to products of the somatic cloning process invented by Campbell and Wilmut, which included Dolly the Sheep. Since Dolly possesses identical […]

Alice Corp., Software Patents, and Lighting the Rabbit Hole of Abstract Ideas

It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and conventions developed over centuries are being problematized and rethought as new social, technological, and economic realities emerge. Computer software, a technology that’s mainstream adoption is […]

1st Guiding Case on Intellectual Property Now Available in English!

The re-posting of this blog is part of a cross-posting collaboration with the Stanford Law School China Guiding Cases Project.

IP Intensive Program: Taking a Look Behind the Wizard’s Curtain – A Semester at the Canadian Intellectual Property Office

Off in the far-away land of our nation’s capital (actually, across the river in Gatineau, Quebec, to be specific) exists a mystical place. A building where applications are examined, rights are granted, and hearings are heard. I spent the better part of a semester at this office, and the experience I had there will without […]

IP Intensive Progam: Apotex - The Best Way to Begin Your Third Year at Osgoode

I couldn’t think of a better way to begin third year of law school than by participating in the Intellectual Property Law & Technology Intensive Program. Rather than spending my semester in a series of classrooms, I spent 10 weeks learning about the practice of law in an in-house setting. For anyone with an avid […]

Improving the Patent Law Lottery by Reforming Damages

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]

Apple's Appealing Patent Result

In the latest episode of the Apple patent saga, the United States Court of Appeals has altered a decision by the International Trade Commission (ITC) discussing two crucial features of the modern smartphone: multi-touch functionality and a method of determining if this touch is a “finger touch.”