's victory chosen as LEXPERT's 2010 Canadian Business Case of the Year ( successfully represented by Smart & Biggar)
March 30, 2011

We are pleased to announce that the Federal Court’s decision in, Inc. v. Commissioner of Patents, 2010 FC 1011 was recognized as 2010 Canadian Business Case of the Year, as reported in the January 2011 issue of LEXPERT magazine.

In this decision, the Court allowed an appeal of a decision of the Commissioner of Patents that rejected’s patent application directed to "Single-action/One-click" ordering. In rendering its decision, the Court concluded that a "business method" may be patented in Canada in appropriate circumstances.

The case was selected by LEXPERT magazine, a leading legal publication in Canada, as it had the broadest impact on the business community. was successfully represented by our partners John R. Morrissey, Steven B. Garland and Colin B. Ingram. We congratulate our colleagues on their achievement.

An appeal to the Federal Court of Appeal was filed by the Commissioner on November 15, 2010. A hearing in the Federal Court of Appeal can be expected in the spring of 2011, with a decision on the appeal to follow later in the year.
A more detailed analysis of the Federal Court's decision can be found in this article from our website.


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