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Highlights
PATENTS BUSINESS METHODS
Business Method Patents More Spins on the Idea
Andrea Rush, Raphael Rush, Glen Arnold
The drive to monetize rights in
intangible property is challenging. The Copyright Act defines categories
of protectable works/subject matter in terms of what can be protected. Section 2
of the Patent Act hints at what can be protected under the classification
of "invention," whereas subsection 28(3) expressly provides that no
patent shall be granted for any mere scientific principle or abstract theorem.
Two recent Patent Appeal Board decisions suggest that linking a business method
to a system, a vendible product, or an original automated process advances the
case for business-method patentability in Canada. Andrea Rush, Raphael Rush and
Glen Arnold analyze these two decisions and discuss whether practitioners now
have guidance in overcoming subject-matter objections to business method
patents.
REMEDIES
Reasonable Compensation and Damages for Patent Infringement
a Real World Approach
Arthur B. Renaud
A successful plaintiff in a claim
for patent infringement is entitled to an award of damages, among other
remedies, against the infringer. The successful patentee may also be entitled to
"reasonable compensation" for infringement of the patent for the period between
the date the patent application is laid open and the date of patent grant.
Arthur Renaud analyzes the limited jurisprudence regarding reasonable
compensation and explains the various methodologies for calculating a reasonable
royalty.
VIRTUAL WORLDS
What Every Business Must Know About Virtual Worlds
Sheldon Burshtein
As new forms of media arise,
intellectual property needs to progress to protect the public and intellectual
property owners. A recently developed genre of video games that allow for the
development of a virtual environment and resulting commercial and other
activities, is giving rise to new and challenging legal issues, including
intellectual property issues. Sheldon Burshtein examines the legal issues
arising from these virtual environments and how copyright and trade-mark rights
are being asserted in this new world.
PATENTS SOUND PREDICTION
Distinguishing Between Good Predictors and Sound
Prediction
Kathryn Jones
A recent decision by Justice Hughes
of the Federal Court has raised the bar for establishing sound prediction. Sound
prediction is a concept in law designed to permit patentees to claim more than
what has been proven to be useful, so long as there is a sound basis for
predicting utility. Kathryn Jones compares this latest decision to the state of
the law on sound prediction.
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Board
Ronald E. Dimock
Editor-in-Chief
Dimock StrattonLLP
David A. Aylen
Gowling Lafleur Henderson LLP
Sheldon Burshtein
Blake, Cassels & Graydon LLP
Brian W. Gray
McCarthy Tétrault LLP
Carol Hitchman
Hitchman & Sprigings
Charles Kent
Ridout & Maybee LLP
Robert J. Lesperance
Lesperance Mendes Mancuso
Sangeetha Punniyamoorthy
Dimock Stratton LLP
Arthur B. Renaud
Bennett Jones LLP
Hugues G. Richard
Léger Robic Richard LLP
Cynthia Rowden
Bereskin & Parr
Andrea Rush
Heenan Blaikie LLP |