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Toronto Chapter of the Licensing Executive
Society Luncheon Meeting
DATE:
Thursday, September 27, 2007
TIME:
12:15 p.m.
VENUE:
Gowling Lafleur Henderson LLP
Suite 1600, 100 King Street West
First Canadian Place
Toronto ON M5G 1X5
TITLE:
KSR and Obviousness: What does it Mean for
Patent and Licensing Strategies
SPEAKERS:
Leigh J. Martinson,
Choate Hall & Stewart LLP
Boston
Please Note that:
Dr. Ron A. Bouchard, PhD, LLB, LLM
Faculty of Law, University of Toronto and Munk Centre for International
Studies Comparative Program in Health & Society
has had to withdraw for health reasons.
We hope that he gets well soon. Mr. Martinson
will cover some of Dr. Bouchard’s topics based on Dr. Bouchard’s papers. Copies of Dr.
Bouchard’s papers are available from the SSRN link below.
The decision of the Supreme Court of the United States in KSR International
Co. v. Teleflex (available here: http://www.supremecourtus.gov/opinions/06pdf/04-1350.pdf )
handed down April 30, 2007 is expected to make obviousness easier to assert
against patents and more difficult to overcome. While KSR has already had
an effect on numerous U.S. appellate court decisions, some consider the decision
to be self-consciously narrow and to provide little guidance to existing
and future patent owners. The speakers will discuss against a backdrop of
preceding decisions on obviousness from the US Supreme Court. The focus of
the discussion will be on differences in the law of obviousness in the US
and Canada, including the impact of KSR on the legal requirement for patentability,
licensing and litigation of existing patents and the implications of these
changes for Canadian patent law.
Ron obtained his PhD in Pharmacology and Therapeutics from
the University of Manitoba in 1990; his LLB from Queen’s in 1997; and
his LLM from the University of Toronto 2006. He practiced law at firms in downtown
Toronto primarily focusing on intellectual property litigation, licensing and
regulatory approval in the pharmaceutical, biotechnology and information technology
areas. He is now a research associate and SJD candidate at the University of
Toronto and runs his own consulting firm. He has published papers on obviousness
and inventiveness and on pharmaceutical policies and regulation, some of which
may be accessed here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=576166
Leigh obtained
his BS from Michigan Technological University in 1998 and his JD from Suffolk
University Law School in 2003. His practice covers both strategic patent portfolio
management and litigation in areas such as computer hardware and software,
optics, medical devices, RFID technologies, packet and circuit telecommunications,
wireless communications and Internet technologies.
COST:
$25.00. Includes a light lunch and is payable at the
door.
RSVP:
Please confirm your attendance.
CONTACT:
Charles Boulakia at Ridout & Maybee LLP
E-mail: cboulakia@ridoutmaybee.com
Any other questions may be directed to Paul Jones, Jones & Co., Co-Chair
of the LES Toronto Chapter (pjones@jonesco-law.ca – 416-703-5716)
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