IPBlog (Calgary)

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Intellectual Property Law, Trade-marks and Internet Law in Canada
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An American Attorney in Canada (Part 3: Letters of Request in Patent Litigation)

Mon, 2015/01/19 - 09:00
By Richard Stobbe A recent Ontario court decision (Arctic Cat Inc. et al. v. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or "letter rogatory" in a cross-border patent infringement case involving the invention of snowmobile prototypes. This type of request is used where a foreign ...

Patent Litigation in 2014

Mon, 2015/01/19 - 09:00
By Richard Stobbe A recent report  shows interesting trends in US patent litigation: 5,002 patent infringement cases were filed in the US in 2014, up from 2,641 filed in 2010; Of those cases filed, the majority (61%) were commenced by NPEs (non-practicing entities), which is a neutral term to describe what are commonly referred to ...

CIPO - EPO PPH

Mon, 2015/01/19 - 09:00
By Richard Stobbe Who can resist an announcement laced with nerdy acronyms? Last week, the Canadian Intellectual Property Office (CIPO) announced the launch of a Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office (EPO). The initial pilot will run from January 6, 2015, to January 5, 2018. Canadians can gain ...

Not a utility patent, but a patent utility?

Mon, 2015/01/19 - 09:00
By Richard Stobbe In a recent interview with The Washington Post, Jay Walker, founder of Priceline.com, has proposed a kind of neutral private-sector utility for the licensing of patents. He argues that "We have spent trillions of dollars inventing things and 95 to 98 percent of all patents have yet to make ...

Is “One Dollar” Sufficient for a Patent Assignment?

Mon, 2015/01/19 - 09:00
By Richard Stobbe You may have read the recitals or introductory clauses in a license or an assignment agreement. In most cases, these clauses are just skimmed, if they are reviewed at all. In a recent decision of the US Federal Circuit Court of Appeals, the court reviewed the impact of ...

Copyright in House Plans

Mon, 2015/01/19 - 09:00
By Richard Stobbe A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home builder, Toscana Developments. Toscana used Oakcraft’s house plan without ...

USPTO Patent Eligibility Guidelines

Mon, 2015/01/19 - 09:00
By Richard Stobbe What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the instructions for examiners on the following categories which are exceptions to patent eligibility: abstract idea, natural phenomena, ...

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

Mon, 2015/01/19 - 09:00
- By Richard Stobbe  They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called "right to be forgotten" in connection with a Canadian trade-secret misappropriation and passing-off case and an EU privacy case. In a brief ruling in October, the ...

Intellectual Asset Management Best Practices – Part 2

Mon, 2015/01/19 - 09:00
 - By Richard Stobbe In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization together with registered and unregistered intellectual property (IP), inventions, trade-secrets, patents, copyright-protected works, trademarks, industrial designs, and ...

Copyright: Canada’s Notice-and-Notice Provisions

Mon, 2015/01/19 - 09:00
By Richard Stobbe The made-in-Canada notice-and-notice provisions are coming in January, 2015.  You may recall that in June 2012 the Copyright Modernization Act was passed by Parliament. Portions of the new copyright law came into force in November 2012, while the so-called notice-and-notice procedures were held back, to give the government time ...

Update: PIPA Revived

Wed, 2015/01/14 - 09:00
By Richard Stobbe As a follow-up to our earlier post (PIPA on Death's Door), Alberta's Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the Government of Alberta to pass amendments to PIPA. An amended bill was tabled in ...

CASL 2.0: The Computer Program Provisions (Part 3)

Tue, 2015/01/13 - 15:00
- By Richard Stobbe The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada's Anti-Spam Law (CASL). Software vendors should review the  CASL Requirements for Installing Computer Programs for guidance on installing software on other people's computer systems. Remember, the start-date of January 15, 2015 is less than ...

Indirect Patent Infringement in the US

Fri, 2015/01/09 - 19:00
By Richard Stobbe In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the product was sold. In the post-sale period, customers enabled the infringing features.  This was ...

The Troubles with Patent Inventorship

Tue, 2015/01/06 - 17:00
By Richard Stobbe Determining inventorship is answering the question: who contributed enough to an invention to be named as an "inventor" on the patent application? It's critical, as reviewed by my colleague Shohini Bagchee in her article Whose Invention Is It Anyway? – Some Thoughts on Patent Inventorship and Ownership. Although the US case ...

Two Privacy Class Actions: Facebook and Apple (Part 2)

Mon, 2015/01/05 - 17:00
- By Richard Stobbe In Part 1, we looked at the B.C. decision in Douez v. Facebook, Inc. Another proposed privacy class action was heard in the B.C. court a few months later: Ladas v. Apple Inc., 2014 BCSC 1821 (CanLII). This was a claim by a representative plaintiff, Ms. Ladas, alleging that ...

Two Privacy Class Actions: Facebook and Apple

Thu, 2014/12/18 - 15:00
- By Richard Stobbe Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First, the Facebook decision: In Douez v. Facebook, Inc., 2014 BCSC 953 (CanLII), the court looked at two ...

CASL 2.0: The Computer Program Provisions (Part 2)

Thu, 2014/12/04 - 08:00
- By Richard Stobbe In Part 1 we looked at some basic concepts. In Part 2, we look at "enhanced disclosure" requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who seeks express consent must disclose additional information. This disclosure must ...

Alberta Privacy Law Update: PIPA on Death’s Door

Wed, 2014/12/03 - 16:00
By Richard Stobbe About a year ago on November 15, 2013, Alberta's Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order for a 1 year period, to permit the Alberta legislature to revisit and amend the legislation ...

CASL 2.0: The Computer Program Provisions (Part 1)

Thu, 2014/11/27 - 14:00
- By Richard Stobbe It's mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the July 1st start-date. If you're a software vendor, then you ...

Drafting IT Agreements: Oct. 14-15

Wed, 2014/11/26 - 14:00
- By Richard Stobbe I will be speaking next week at the 10th Essentials of Commercial Contracts Course in Calgary, Alberta (Download PDF) on the subject of IT contracting. This session will discuss key considerations in IT licensing and service agreements including: Key clauses in IT agreements and common mistakes Various models for licensing software Overlap ...