IP News to Peruse
The conventional wisdom is that, in claim drafting, negative limitations should be avoided. Where possible, it is better to express a limitation in positive terms than negative. This is generally considered best practice.
Read moreIn Haoyu Gao v Zespri Group Ltd 2021 NZCA 442 the Court of Appeal overall upheld the infringement findings in the trial Judge’s decision, but found that Gao’s assumed authority to licence a Chinese grower did not infringe Zespri’s New Zealand plant variety rights (PVRs).
Read moreThe recent Court of Appeals for the Seventh Circuit (CA7C) decision Life Spine Inc v Aegis Spine Inc 21-1649 held that Life Spine’s patent for spinal implant technology did not undermine a District Court’s preliminary injunction that included a finding of trade secret misappropriation in relation to the spinal implant technology.
Read moreStemming mainly from its obligations under the Canada-United States-Mexico Agreement (CUSMA) the Canadian federal government has notified amendments to the Patent Rules that it seeks to implement.
Read moreIn Ganymed Pharmaceuticals GmbH (and Anor) 2021 NZIPOPAT 6 the Assistant Commissioner has clarified that Regulation 82(b) does not prevent an applicant from avoiding a double patenting objection on a divisional application by surrendering the patent granted from the parent.
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