About
Welcome to my blog, where I write about various interesting legal issues in Canada.
David Lam
Lawyer
Ontario, Canada
I am a lawyer practicing business law, real estate law, intellectual property law (patents, trademarks, copyright, licensing), and litigation in the Greater Toronto Area.
For more information, visit https://www.davidlam.ca.
Category Archives: Patent Law
US patent system moves to first-to-file
Today, H.R. 1249, the America Invents Act, passed the US House of Representatives. The US Senate had passed a similar bill (S. 23) in March. The pair of bills have some differences between them that needs to be resolved, but together … Continue reading
The drive to determine what is patentable
Last week, the U.S. Supreme Court agreed to hear an appeal of Mayo Collaborative Services v. Prometheus Laboratories, Inc., on the issue of whether or not methods of medical diagnosis are patentable in the US. Closer to home, tomorrow is … Continue reading
Posted in Litigation, Patent Law
Tagged Business Methods, Methods of Medical Diagnosis, News, US Law, US Supreme Court
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Patents claiming a method of doing business – Appeal to be heard in June
As posted earlier, the Federal Court in Amazon v. Canada, 2010 FC 1011 held that a method of doing business (a “business method”) can be patentable subject matter. The Department of Justice on behalf of the Canadian Intellectual Property Office … Continue reading
The evidentiary standard for challenging US patent validity
Yesterday, the US Supreme Court wrapped up oral arguments for Microsoft Corporation v. i4i Limited Partnership, in which i4i sued Microsoft for patent infringement. This case has attracted worldwide attention, not only because the infringing product (MS Word) is widely … Continue reading
Posted in Litigation, Patent Law
Tagged Evidence, Infringement, News, US Law, US Supreme Court, Validity
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Prior art and being the first to file a patent application
If you’ve heard of patents before you’ve probably heard of the term prior art. A prior art is generally a public document that demonstrates the state of the art at a particular time. Since patents are only awarded to an … Continue reading
Who is paying your maintenance fees?
In Canada, an applicant applying for a patent must pay maintenance fees to the government, even when no patent has yet been granted. The first maintenance fee is due 2 years after the patent application is filed, and continues for … Continue reading
Kik’s defence to RIM’s infringement lawsuit
Late last year, RIM sued Kik Interactive Inc., the maker of the popular cross-platform instant messaging client Kik Messenger, alleging breach of confidentiality, trademark infringement, and patent infringement. At the same time, RIM also removed Kik Messenger from BlackBerry App … Continue reading
The meaning of “sold in Canada” – statutory interpretation
Statutory interpretation – figuring out what a piece of legislation (a law) means – is a complex issue. As the following case shows, even a simple word like “sold” may have different meanings even within the same piece of legislation. … Continue reading
Why patents are such a hassle to obtain – the public policy for patents
Many first-time inventors are surprised at the costs and time involved in obtaining a patent. “Why is a patent so expensive to obtain and takes so many years to issue?”, they ask. Because all patents applications must be carefully prepared … Continue reading
