On June 17, 2022, in the case of Benjamin Moore & Co. v. Canada (Attorney General), 2022 FC 923 (hereinafter “Benjamin Moore”), Justice Gagné reaffirmed the Federal Court’s position that a patent’s claims should be construed on the basis of “purposive construction” and provided a test for patentability for computer-implemented inventions. In short, the Appellant, [...]
Although copyright actions arise in many different fields, we don’t typically associate copyright with sports. Indeed, trademarks are most often used to protect sports logos and catchphrases. However, this week in the basketball world, Toronto Raptors superstar Kawhi Leonard filed an action in the US District Court for the Southern District of California alleging that [...]
Patents can sometimes be difficult to obtain - they have strict requirements that must be followed. One of these requirements is "utility": a patent must be useful to be considered a valid patent. But what constitutes proper utility (i.e. usefulness)? Is it a "mere scintilla"? YES! It has been recently confirmed that a mere scintilla [...]
