On May 23, 2013, Hugues G. Richard, counsel, will be honored for its great contribution to the intellectual property field during his career. This honor will be made during the Annual Federal Court Judges' Diner in Ottawa. The evening pays tribute to retiring members of the Federal Courts and the intellectual property bar who have made significant contributions to intellectual property law in Canada during their distinguished careers. More than 200 people will attend the ceremony.

The firm is proud to support triathlete Patrice Brisindi once again in 2013. After a year of having to slow down the competition due to breast cancer, Patrice resumed training gradually and even more so since January 2013. His training and preparation have already started for the triathlon season which begin in June with two half-Ironman (in Connecticut on June 2nd and in Mont-Tremblant on June 23rd). These competitions are held in anticipation of the Ironman Lake Placid on July 28th. Patrice is hopeful that the Lake Placid competition will bring him into qualifying for the Ironman World Championships in Hawaii on October 12th, 2013. Before his illness, he had already accomplished this challenge in 2011. The Ironman includes 3.8 km of swimming, 180 km of cycling and a marathon (42,195 km). Good luck Patrice!

ROBIC is pleased to welcome Catherine Bergeron as partner of the firm.

Catherine Bergeron is a lawyer and trade-mark agent. She started her career at ROBIC, completing her first internship in 2000 and her articling in 2001. Catherine has been with the firm’s trade-mark department ever since. Catherine specializes in trade-mark prosecution, litigation and strategic management of trade-marks portfolios. She regularly conducts trade-mark searches to advise clients on the availability of trade-marks in Canada, and is involved in all stages of the process of registering trade-marks, from the development of an optimal filing strategy to the adoption of a policy regarding the use of trade-marks for a better protection of the clients' rights.

Apart form her core practice area, Catherine advises clients in copyright matters and developed an expertise in regulatory advertising matters as well as product packaging and labelling, particularly in the food and cosmetic industries. She also advises clients reqarding the requirements under the Charter of the French Language.

She is called to lecture in various forums and regularly writes for a variety of publications, including the Quebec JurisClasseur on intellectual property.

Partner Louis-Pierre Gravelle was the moderator of this webinar held by the Intellectual Property Institute of Canada on April 4, 2013.

The webinar included a discussion of the Patent Prosecution Highway ("PPH") which presented updates on current and upcoming PPH programs and best practices to effectively use the PPH.

Lawyer Vincent Bergeron presented L’effet Streisand : Comment éviter de perdre le contrôle sur les médias sociaux on March 26 at the Legal IT 2013 conference.

Mr Bergeron presented the changes brought by social media, namely in the context of the protection of the corporate image. The conference covered several aspects often misunderstood and will suggest some possible solutions to the new evolving world of social media.

Adam Mizera, partner, presented Comment effectuer des recherches préliminaires de brevets en ligne pour vos vérifications diligentes, a conference held by the CBA-Québec on March 21.

Adam Mizera presented tools and basic tips on how to carry out a preliminary patent search with publicly available online databases in Canada, the United States and for international patent applications. Examples of searches were carried out in real time to illustrate the technical, legal and business information that a user can obtain via these databases before having to consult a patent agent.

Read ROBIC's Special Report

U.S. patent law has been undergoing a historic transition since President Barack Obama signed the America Invents Act (AIA) on September 16, 2011.

Over the past 18 months, various provisions of the new law have come into effect, such as a 15% increase in USPTO (United States Patent and Trademark Office) fees, a wider range of options for intervening with the Examiner in charge of examining a competitor’s patent application, and the implementation of a new acceleration procedure for examination. However, the most significant change to be brought about by the AIA will occur this March 16, when U.S. patent law will switch from a “first to invent” to a “first to file” system.

The patent professionals at ROBIC have prepared a special report, summarizing the potential impact of this transition on Canadian applicants wishing to obtain patent protection for their inventions in the U.S. Apart from the new “first to file” system, our report examines the new mechanisms put in place by the AIA to challenge the validity of an issued U.S. patent. Finally, we analyze the new USPTO fee schedule which will take effect on March 19, and explain the impact of its changes on your patent portfolio.

The details of the changes brought about by the AIA are complex, and it will take several years before the consequences of this reform are fully understood. However, there does seem to be a consensus among most patent professionals that it is probably beneficial for most patent applicants to take advantage of the current “first to invent” system, if possible. We therefore invite you to contact our patent agents to discuss the protection of any inventions for which you have not yet initiated patent procedures in the U.S. The clock is ticking; it may indeed be in your best interest to speed up the preparation and filing of new patent applications before the March 16, 2013 deadline.

Lecturers Nicolas Sapp, Catherine Bergeron, Bob Sotiriadis and Laurent Carrière presented more in details the strategic sides to take into account when managing a trademark portfolio. The topics of the day, separated in three blocks, covered the different types of trademarks, reasons to register a trademark, distinctive character and the relation between trademark, industrial design and copyright.

Aimed at businesses involved in the protection, development and management of trademarks, this half-day conference brought together over 100 people. Repeting the successful format of the previous conference on parents given in February 2012, ROBIC covered the most frequently asked questions about trademarks.

Given the success of this event, ROBICwill hold further intellectual property and IP business law conference sessions in the coming months. The next conference will be held in Fall 2013. The picture album is available here.

Canadian inventors and companies will soon feel one of the many effects of the patent law reform in the United States: the famous "America Invents Act".

The United States Patent and Trademark Office (USPTO) has just published a new fee schedule for patent applications and patents, which will come into force on March 19, 2013.

The new law gives more latitude to the Patent Office to set different prices related to patent applications and patents in order to cover transaction costs and improve the quality of its services. As predicted, most of the fees will increase (filing fees, maintenance fees, requests for continuation of examination, appeals). Some of these increases are quite substantial, and will have a significant impact on the costs associated with obtaining and maintaining a patent in the United States. However, it should be noted that the fees associated with the issuance of a patent will be reduced (starting in January 2014), and a reduction of 75% on most fees is now available for "micro entities", which include universities.

Small and large companies who are preparing to file a patent application soon in the U.S. are encouraged to do so quickly, before mid-March, in order to take advantage of the current rates. More details on the new fee schedule on the USPTO website. These changes affect fees charged by the USPTO, but not our fees.

ROBIC sponsors the 7^th International Forum on Intellectual Property - Quebec (FORPIQ) that will be held in February. The event is held every two years.

Partner Marie-Eve Côté is a member of the board and of the organising committee of FORPIQ 2013 which will be held on February 7 in Montreal.

This year's theme is Intellectual Property: an Asset that Creates Value. The program can be found here.

Lexis Nexis called on our team of experienced lawyers and patent agents to assist with the drafting of the Intellectual Property portion of its well-respected reference tool on Quebec and Canadian law entitled JurisClasseur Québec. The book was launched at the end of December 2012.

Robic trade-mark lawyers contributed four of the seven sections pertaining to trademark law, including:
- Administrative Treatment of a Trademark: registration and priority bases, by Laurent Carrière
- Exclusive Use, by Alexandra Steele and Barry Gamache
- Confusion, by Barry Gamache
- Radiation and invalidation of a trademark registration, by Catherine Bergeron

On the patent front, Lexis Nexis turned to our patent agents and lawyers Louis-Pierre Gravelle and A. Sasha Mandy to address the criterion of novelty as it applies to patents.
The firm is honored to have been chosen to contribute to this excellent reference tool.

In 2012, ROBIC celebrates 120 years of excellence. Since 1892, the firm has witnessed the many changes in technology and industry that have shaped the 19^th, 20^th and 21^st century thanks to the innovative minds of brilliant inventors.

To mark this special anniversary, we made available online several photos here.

ROBIC’s success and longevity were built on the trust that clients have placed in the firm since its inception. ROBIC would like to thank the inventors, entrepreneurs, scientists, lawyers, professionals and foreign associates with whom it has collaborated over the years. Thanks to them, the firm has earned an enviable reputation both nationally and internationally. It is for the benefit of our loyal clients that the members of the firm strive to outdo themselves every day.

To learn more about ROBIC’s history, we have produced special document available here.

120 times thank you!

Many ROBIC employees have courageously chosen to grow their mustaches throughout the month of November to raise funds for men's health and prostate cancer. We invite you to encourage our team here. Our proud mustached participants frequently update the evolution of their mustaches by posting photos of themselves on our web page. ROBIC has committed to match the amount of funds raised for the cause.

Philip Conrad is a lawyer licensed in the United States and registered to practice before the United States Patent and Trademark Office. He has over twenty years of experience in intellectual property law, working primarily in private practice in Boston, Massachusetts and, more recently, in Montreal both in private practice and as Director of Intellectual Property at Photon etc., Inc.

Mr. Conrad’s nomination at ROBIC is greeted with enthusiasm. "Mr. Conrad’s great knowledge of the U.S. market will give the firm a better insight on the patent practice in that country where almost all our Canadian clients are actively filing patents. It certainly strengthens our IP reference position and adds to our leadership in the field. "said François Painchaud, partner at ROBIC.

Mr. Conrad specializes in the drafting and prosecution of patent applications, patentability and freedom to operate searches, and patent portfolio management strategies in the fields of physics and electronics, particularly optical systems, scientific instrumentation, electronic control systems and medical devices. His full biography is available here.

On October 25, 2012, Francois M. Grenier was formally inducted into the Litigation Counsel of America at the LCA’s 2012 Fall Conference & Induction of Fellows. The Induction of Fellows Dinner was held in Palm Beach, Florida.

François M. Grenier is a partner at ROBIC, LLP, where he has been practicing for over 30 years in the field of intellectual property, with a particular focus on patent and trade-mark litigation. As one of Quebec’s most experienced and respected intellectual property litigators, François has often been recognized by his peers for his talents in the courtroom.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

In March 2010, François M. Grenier was also inducted to the prestigious American College of Trial Lawyers in California. He is also named in several international publications including Best Lawyers, Lexpert, The International Who's Who of Patent Lawyers and The International Who's Who of Trademarks Lawyers.

On October 24 and 25, Mr. Nicolas Sapp and Dominique Pomerleau, Ph.D., gave two lectures entitled "Intellectual Property in cégep - Who has the rights?" at the 9^th Congress of the Fédération des cégeps held in Quebec City. The presentation is available here in French.

On October 4, 2012, François Painchaud participated in the annual conference of Association de planification fiscale et financière (APFF) (Association of Tax and Financial Planning) as a panelist on taxation of the various types of intellectual property. His speech focused on intellectual property in commercial transactions.

Bob Sotiriadis co-chaired a half-day session on monetary compensation in Intellectual Property Litigation around the world at the International Bar Association Annual Conference held in Dublin, Ireland from September 30 to October 5, 2012.

From September 30 to October 2, 2012, the AIPF Annual Meeting took place in Washington, DC. Isabelle Girard and Alexandra Steele attended the conference. Ms. Girard, Chair of the Annual Meeting Committee, led the conference that focused on "Intellectual Property as a Corporate Asset" She was also elected as Director and Secretary to the Board of Directors during this event. Ms Steele presented the recent updates on Copyright Law in Canada, including the 5 long-awaited decisions issued by the Supreme Court of Canada on July 12, 2012 and the Copyright Modernization Act (Bill C-11), which received Royal Assent on June 29, 2012.

Catherine Bergeron, chair of ALAI Canada’s conferences organizing committee, collaborated to its most recent annual meeting held on September 28, 2012. The annual meeting, on the hot topic "C-11: For better and for worse", was a great success.

As part of the Intellectual Property Day held on September 18 in Montreal by the Association pour la recherche au collégial (ARC), Mr. Nicolas Sapp and Ms. Dominique Pomerleau, Ph.D., gave a lecture and workshop respectively on the basis of intellectual property in research and teaching.

On September 14, 2012 Marcel Naud gave a talk to the subcommittee of counsels of the Conference of Rectors and Principals of Quebec Universities. The presentation was entitled “Are you Master of your Domain?”. It dealt with the domain name system and its recent evolution, the research tools related to domain names and the factors to be considered in managing a domain name portfolio, including legal issues specific to registration, use and protection of domain names by an organization.

Dominique Nolet, Eng. obtained the highest overall score in Canada on the Patent Agent Qualifying Exam in 2011. She also finished first in the patent drafting portion of this exam.

The patent agent exam is held yearly and consists of four written papers, respectively covering patent drafting, responding to Office Actions, patent validity and patent infringement.

In recognition of her excellent results in the Canadian patent agent exam, Dominique Nolet will receive the J. Edward Maybee Memorial award (highest overall score). ROBIC is proud to mention that this is the second time that a member of the firm receives this award; Dominique Pomerleau, Ph.D., partner at the Quebec office, also received the J. Edward Maybee Prize for the highest overall score in the 2005 exam.

This year’s recipient of the prize, Dominique Nolet, will also receive the Mary F. Morency Award for the highest score in the drafting portion of the exam. The awards will be remitted to Dominique Nolet by the Intellectual Property Institute of Canada Foundation on October 12, 2012. The ceremony will take place in Vancouver, during the closing gala of the Institute’s annual meeting.

Dominique Nolet is specialized in the drafting and prosecution of patent applications and in providing patentability, validity, infringement and freedom to operate opinions, in the fields of electronics, electricity, telecommunications and computer science. Dominique graduated from École Polytechnique de Montréal in 2000, with a degree in electrical engineering. She joined ROBIC’s patent department in 2007.

On June 1^st, Nicolas Sapp presented a lecture to members of the Hong Kong Canada Business Association.

More than a hundred participants attended the “Hong Kong: The Platform for Your Business Diversification to China and Asia” event in Québec City. Mr. Sapp’s conference focussed on Intellectual Property in Hong Kong and China from a Canadian lawyer’s perspective.

The conference was part of a breakfast seminar that was intended for participants to hear views from a diverse group of Asia trade specialists on the latest market opportunities for Quebec companies wishing to use Hong Kong as a platform for development.

In addition to specialists in exports and business development in Asia, the Honourable Martin Cauchon, partner at Heenan Blaikie, was also invited as a speaker.

Content of the presentations is here and photos of the event are available here.

The firm is pleased to welcome Ms Vanessa Udy in its Business and Corporate Law Team. Vanessa Udy is a lawyer and member of the Québec Bar since 2009. She obtained a Bachelor of Civil Law (BCL) and a Bachelor of Common Law (LL.B.) from McGill University in 2008. She specializes in transactional, commercial and corporate law.

Her practice focuses on the negotiation and drafting of agreements such as subscription and shareholders agreements, license, research and development, joint venture and partnership agreements and other commercial agreements, namely in relation to the purchase and sale of businesses, mergers and acquisitions and corporate reorganizations.

Prior to joining ROBIC, Vanessa Udy worked at a national business law firm, where she focused her practice principally on private mergers and acquisitions. "I am pleased to join ROBIC, a dynamic team that meets my needs. I am already involved in many projects and files, and the intellectual property aspect of my work adds an engaging and challenging dimension to my practice," she said.

On April 26, ROBIC welcomes the licensing and intellectual property course - PDS 100 - put together by the Licensing Executives Society (LES USA & Canada). The course will be followed by a cocktail celebrating the World IP Day. More information here.

Putting forward self-transcendence, Patrice Brisindi has followed a unique path to becoming an extraordinary athlete. He has proven that anyone, if they put heart and effort, can accomplish extraordinary things. ROBIC is proud to support a triathlon athlete of Patrice's caliber, who meets many values ​​that the firm encourages: excellence, performance and discipline, among others.

Despite being diagnosed with a cancer for which he had surgery at the beginning of February 2012 and for which preventive chemotherapy is planned in March, his momentum has not stalled as he is already back in training. He is currently preparing himself for the Quebec Cup (sprint and olympic distance) and Ironman competitions in Lake Placid and Hawaii in 2013. In 2012, he will also participate in the Ironman race at the Triathlon Festival in Montreal.

Working in the field of transport as well as being a fitness and triathlon trainer, Patrice stopped smoking at age 30 and began training for the triathlon at the age of 35. Noting that his fitness was not at its best, he started running and cycling in 2005 and 2006 to get fit and gain speed in hockey, where he plays in a league.

To complement his training, he decided to add swimming to participate in a short-distance triathlon in Montreal in September 2006. Since then, always pushing his limits, he participated in the Ironman race in Lake Placid twice. He qualified in the Ironman World Championship in Hawaii in 2011, which he completed in 10 hours 26 minutes.

ROBIC is proud to support Patrice in his sporting journey. Throughout his racing and his training for the Triathlon Festival in Montreal on September 8, 2012, Patrice will inform us about the latest developments. His website can be found here. Good luck Patrice!

Once again this year, ROBIC is engaged in author and speaker Mireille Jean’s conference series Innover c’est bien … breveter c’est mieux! (Innovating is good... patenting is better). Nicolas Sapp, Dominique Pomerleau and Adam Mizera, three partners of the firm, participated as speakers in the April 18 conference in the Beauce region. Ms. Jean will be giving the same conference on April 24 in Québec City. Partners Nicolas Sapp and Dominique Pomerleau will again take part in the conference as speakers. For more information, visit Mireille Jean’s website.

On April 1, 2012, the firm announced the nomination of two new partners from its patent sector.

Gabrielle Moisan is a lawyer, biochemist and patent agent specialized in the drafting and prosecution of patent applications and providing patentability, validity, infringement and freedom to operate opinions in the fields of life sciences and pharmaceutics.

While pursuing her biochemistry degree Ms Moisan undertook research internships studying the molecular biology of plants at Université de Montréal and oncogenic viruses at the Pasteur Institute in Paris. She later completed a Masters in cellular biology at the Cancer Institute of Montreal focussing on lung cancer.

Ms Moisan participated in an exchange program with Université La Sorbonne in Paris and then went on to obtain her Patents and Trademarks Diploma from the Centre for International Industrial Property Studies (CEIPI) in Strasbourg, France, one of Europe’s most recognised institutions of higher learning specialised in the field of intellectual property.

Ms Moisan joined the firm in 1998 following which she also worked in the pharmaceutical industry where she managed a substantial patent and trademark portfolio in the global intellectual property group of a pharmaceutical company in the fields of antiviral and vaccine technologies and before returning to ROBIC in 2008. She is a member of the firm’s life sciences committee, the corporate and transactional committee and the continuing education committee. She is assistant editor of ROBIC’s quarterly newsletter and is particularly active in the French Chamber of Commerce in Canada and the Intellectual Property Institute of Canada (IPIC).

Danièle Éthier is a biochemist and patent agent specialized in the drafting and prosecution of patent applications, and providing patentability, validity, infringement and freedom to operate opinions in the field of life sciences. She has a particular expertise in strategic planning, worldwide patent prosecutions, pharmaceutical product life cycle management and due diligence matters.

Ms Éthier has more than 18 years of experience in the field of intellectual property. Prior to joining ROBIC, she held the position of Director, Intellectual Property in an important antiviral research company where she managed a substantial patent portfolio. She also held a similar position in the global intellectual property group of a pharmaceutical company in the fields of antiviral and vaccine technologies.

She joined the patent sector of the firm in 2010. She chairs the life science committee and is a member of the practice committee. Recently, she has played an important role in a project on internal processes.

Following a series of client interviews, the latest edition of the WTR recognized ROBIC as a first tier Gold level firm – “…firms and individuals in the gold band are those that attract the most positive comments from sources. We have identified them as the crème de la crème; their success hinges on reputations established over lengthy periods of time, something which enables them to secure the most high-profile, big-ticket work from the most demanding of clients.”

Comments received by WTR by trademark specialists across the globe include the following : “ROBIC enjoys a privileged position in the Quebecois market and was one of the first to provide comprehensive trademark services in the region; it understands the business culture there and is often the first-choice legal counsel for French and European brand owners, in particular. […] Its virtually unrivalled enforcement practice sets it apart and it is home to some of the market’s best litigators.”

In an effort to identify the world’s leading trademark legal services providers, WTR 1000 conducted an extensive research process over several months by a team of full-time analysts and involved more than 1,000 interviews with trademark specialists. The WTR 1000 features over 50 country-specific chapters analysing local trademark legal services markets and detailing the firms and individuals identified as leaders in their respective fields. Five individuals from ROBIC have been nominated this year, namely François Grenier, Hugues Richard, Barry Gamache, Bob Sotiriadis and Laurent Carrière, who are are all part of this prestigious ranking.

The conference titled The patentability of inventions in the computer field after the Amazon case will focus on inventions in the field of IT, including software, business methods, interactive entertainment and digital art. Patents in the IT field often constitute very important business assets for their owners notwithstanding the fact that historically, few companies pursued patent protection for their inventions as a result of the uncertainty surrounding their patentability in Canada.

However, the recent decision of the Commissioner of Patents to grant Amazon's patent on its online shopping method called "one-click" is likely to change this practice, it now being confirmed that inventions in these field are indeed patentable. More information concerning this conference are available on the Québec International website.

 

A new resource dedicated to Québec's entrepreneurs in the fields of life sciences and health technologies has just been launched by Montreal InVivo. The press release is available here (in French).

Aimed at innovative entreprises involved in the patent field, this half-day conference brought together over 100 people in downtown Montreal. Given the enthusiasm for this event among participants, the location of the event had to be changed twice to accommodate a greater number of guests.

Topics covered were directed towards the American business community. As master of ceremony, Dario Pietrantonio, Partner, introduced the first speaker, Isabelle Girard, Partner. Ms Girard started the day with a conference on the patent reform taking place in the United States. She presented concisely the changes brought in particular by President Obama on the American Invents Act.

Then, Bob Sotiriadis, Partner, covered patent litigation in the United States in terms of strategies to reduce risk and better manage them.

François Painchaud, Partner, followed with a presentation on licensing as a business model. With historical and statistical background on the licensing business model, Mr Painchaud discussed the commercialization of technology and its strategic implications for business.

Finally, Michael Lasinski, partner at 284 Partners in Michigan, was the guest speaker at lunch time. Mr. Lasinski specializes in determining the commercial value and royalties from intellectual property. He acted in the transaction of the Nortel patents sale to Apple, Ericsson, Microsoft, Sony and EMC, which attained $ 4.5 billion. He finished the day's program with a presentation on his involvement in intellectual property transactions that have been well-publicized lately.

Given the success of this event, ROBIC plans to hold further intellectual property and business law of IP conference sessions in the coming months. This conference will be held again in Spring 2012 in Quebec City. The picture album is available here.

ROBIC is proud to participate as a sponsor in the 2012 Licensing Executives Society International  (LESI) Conference, to be held in Auckland, New Zealand April 1-4.

With a membership of approximately 10,000 worldwide, the LESI Conference provides a great learning and networking environment with many attendees from industries whose lifeblood is making deals centred on IP.

The programme entitled 'Commercialising Innovation to Save the World' is fully populated with some of the world’s most innovative minds. This is a terrific opportunity to meet like-minded people interested in enriching the commercial value of their IP investment.

After a long judicial battle, Amazon.com which was seeking to patent a business method corresponding to its 1-click online shopping concept saw its patent application accepted in Canada just prior to Christmas.

The Canadian Patent Office had initially rejected Amazon.com's patent application on the basis that it did not constitute patentable subject matter in Canada. A judgment from the Canadian Federal Court of Appeal in November 2011 had returned the file to the Patent Office to be reexamined in view of criteria on what constitutes patentable subject matter established by the Court of Appeal and rejecting the test initially established by the Patent Office.

An upcoming edition of our Newsletter will have more details of the initial implications of this development favorable towards the patentability of business methods in Canada.

Business method patents are allowable in Canada, but the application is sent back to the Examiner for a review of the claims.  More details here.

Hugues G. Richard has been named Montreal’s Intellectual Property Lawyer of the Year for 2012 and Bob H. Sotiriadis has been named Montreal's Biotechnoloy Lawyer of the Year for 2012 by Best Lawyers, the oldest and most respected peer-reviewed publication in the legal profession. Mr. Richard and Mr. Sotiriadis have received a nomination in this publication every year since 2006.

François M. Grenier, who was named Montreal’s Intellectual Property Lawyer of the Year 2010, is also mentioned in the ranking, with colleagues Laurent Carrière, François Painchaud and Barry Gamache. Louis-Pierre Gravelle and Nicolas Sapp are also named for the first time among the best lawyers in Intellectual Property Law in 2012.

After thirty years in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

The 52-day period that started on September 7 will come to an end in one week, on October 28, 2011. Here is the notice we published regarding this matter:

Notice to Trade-mark Owners: these can be Removed from the .XXX Registry Now

As you may already be aware, the new domain name type .XXX designed specifically for the global adult entertainment industry has been authorized by ICANN, the organization responsible for managing the domain name system, and the "sunrise" phase of its launch is now beginning.

This means that the operator of an adult website could use your trade-mark as an adress for its site. If you do not want the trade-names and trade-marks of your business to be associated with a .XXX site, it would be wise to proceed with the blocking of these names and marks.

Trade-mark owners with registered trade-marks can request the exclusion of corresponding domain names from the .XXX registry during a 52-day period running from September 7, 2011 to October 28, 2011. Having a registered trade-mark is the only way to withdraw corresponding domain names from those generally available for registration.

A withdrawn or blocked domain name will lead web browsers to a page indicating that the name is not available for registration. Exclusion requests must be filed via an accredited registrar for .XXX domain names. The cost of withdrawing a domain name and the period for which it will be withdrawn will vary according to the registrar used.

We are available to assist you with applying to have your registered trade-marks excluded from the .XXX registry or to simply answer any questions you may have regarding this process. Do not hesitate to contact us.

Published in the October 15 2011 issue of Les Affaires newspaper, this classification brings together the 300 largest SMEs in Quebec. The companies are held by Québec interests and have a maximum of 300 employees.

The ranking is compiled based on the number of employees, from the largest number (300) to the smallest. With 170 employees, ROBIC holds the 156^th place.

The firm was founded in 1892 by brothers Marion, both engineers, under the name MARION & MARION. In 1917, Raymond A. Robic, inventor, author and teacher, joined the firm. His name was added to the name of the firm in 1932.

ROBIC is comprised of twenty-one partners and is headquartered in Montreal. In May 2011, the firm opened an office in Québec City.

On October 4, Bob Sotiriadis gave an interview about the "patent war" on Radio-Canada's L'après-midi porte conseil radio show, hosted by Dominique Poirier. The audio clip can be heard on Radio-Canada's website.

As you may already be aware, the new domain name type .XXX designed specifically for the global adult entertainment industry has been authorized by ICANN, the organization responsible for managing the domain name system, and the "sunrise" phase of its launch is now beginning.

This means that the operator of an adult website could use your trade-mark as an adress for its site. If you do not want the trade-names and trade-marks of your business to be associated with a .XXX site, it would be wise to proceed with the blocking of these names and marks.

Trade-mark owners with registered trade-marks can request the exclusion of corresponding domain names from the .XXX registry during a 52-day period running from September 7, 2011 to October 28, 2011. Having a registered trade-mark is the only way to withdraw corresponding domain names from those generally available for registration.

A withdrawn or blocked domain name will lead web browsers to a page indicating that the name is not available for registration. Exclusion requests must be filed via an accredited registrar for .XXX domain names. The cost of withdrawing a domain name and the period for which it will be withdrawn will vary according to the registrar used.

We are available to assist you with applying to have your registered trade-marks excluded from the .XXX registry or to simply answer any questions you may have regarding this process. Do not hesitate to contact us.

The International Who's Who of Business Lawyers 2011, published by Who's Who Legal, is an internationally renowned directory. It is the official research partner of the International Bar Association (IBA). 

François M. Grenier (for patents and trade-marks), Hugues G. Richard (for trade-marks) and Bob H. Sotiriadis (for patents and trade-marks) are recognized as the leading lawyers in the world with regard to intellectual property matters by the renowned The International Who's Who of Business Lawyers 2011.

In its June 2, 2011 legal chronicle, La Presse acknowledges ROBIC as the leading intellectual property firm in Montréal.

This ranking comes from the The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. La Presse's article is available in French only here.

The firm is proud to announce that Dominique Pomerleau, Jr Eng. and Vincent Bergeron are joining Nicolas Sapp in ROBIC Québec's team.

The firm is proud to announce the opening of a new place of business in Quebec City to better serve clients in the Greater National Capital area. Established in 1892, ROBIC has been based primarily in Montreal. Over time, many clients from the Quebec region have expressed their desire to obtain high-level intellectual property services closer to home. With the opening of our new Quebec City office, we can now be closer to our clients and therefore more responsive to their needs.

The Quebec City office will provide the same full range of services available in Montreal - patents, trademarks and copyrights, litigation and business law. "Our primary objective has always been to provide intellectual property and business law services of the highest quality, and this will remain our mission going forward, be it from our Montreal or Quebec offices. We intend to maintain our reputation as the most recognized and respected intellectual property boutique in Quebec", said Mr. François Painchaud, partner and member of the management committee.

ROBIC welcomes Jeremy Lawson and Adam Mizera as partners of the firm.

Jeremy Lawson is a chemical engineer and patent agent. He specializes in the drafting and prosecution of patent applications and providing patentability, validity, infringement and right to manufacture opinions in the fields of chemical and process engineering. He is also involved in due diligence matters. At the firm, which he joined in 2004, he is involved in the life sciences committee.

Adam Mizera is a mechanical engineer, lawyer and patent agent. He specializes in the drafting and prosecution of patent applications, and providing patentability, validity, infringement and right to manufacture opinions in the fields of mechanical engineering, aerospace and robotics. At the firm, he is also coordinator of the patent section of the Intranet and assistant editor of the quarterly newsletter. He joined ROBIC in 2003.

Partner François Painchaud will introduce speaker Mireille Jean for her presentation (in French) before the Régionale des ingénieurs de Montréal (RIM) on April 13 in Montreal. ROBIC invites you to visit RIM's website to register.

The new Québec Business Corporations Act (“QBCA”) replaces entirely the Québec Companies Act (“QCA”). In fact, this new law comes into force at the same time as the Act respecting the legal publicity of enterprises (“LPLE”) which replaces in its entirety the Act respecting Legal Publicity of Sole Proprietorships, Partnerships and Legal Persons.

To read our article on the new law, we refer you to our 2011 Winter Newsletter.

Hugues G. Richard , partner at ROBIC, becomes the first Quebec member of the recently created IP Neutrals of Canada. The mission of this not-for-profit organization is to promote and facilitate the resolution of intellectual property disputes through mediation instead of litigation.

Clients have expressed concerns about the escalating cost and complexity of traditional IP litigation. IP Neutrals of Canada offers mediation as an alternative method of solving these conflicts, the whole with a view to being more expeditious and less costly.

Having spent the vast majority of his 40 years of practice counseling clients in the field of intellectual property, Hugues G. Richard is the only Quebec based mediator accredited by IP Neutrals. Hugues G. Richard specializes in litigation, transactional law and strategic counsel in all aspects of intellectual property. He is consistently ranked by his peers as one of the pre-eminent intellectual property experts in Canada. He appears in numerous guides, including The Canadian Legal LEXPERT® Directory, The International Who's Who of Trademark Lawyers, The International Who's Who of Business Lawyers, PLC Which Lawyer?, Trade Mark Law Practitioners and Chambers Global.

ROBIC is a sponsor of Mireille Jean's conference series Innover c’est bien… breveter c’est mieux! (Innovating is great, patenting is better), mentioned in the newspaper La Presse on November 26. In this article (French only), Ms. Jean, speaker and author, discusses the patent situation in Quebec.

The conference series will end on December 15 in downtown Montreal. ROBIC invites all innovative businesses eager to learn more about patents to register at the following site (French only). Partner François Painchaud will be on location to introduce Ms. Jean and to discuss intellectual property matters.

ROBIC is proud to announce that Marie-Eve Côté is one of three finalists in the Coporate Lawyer of the Year category of the YBAM 2010 Leaders of Tomorrow's competition organized by the Young Bar Association of Montreal. The winners will be announced at a gala on November 18.

Marie-Eve Côté, who recently became a partner of the firm, is specialised in corporate and commercial law related to intellectual property and has particular expertise in the field of technology transfers.

Over the years, Marie-Eve Côté has acted on behalf of several venture capital firms and startups in the field of life sciences. Her practice led her to be involved in all aspects of this field, from due diligence to financing and strategic consulting.

In 2008, she played a significant role in the creation and development of the Québec Consortium for Drug Discovery (CQDM), a unique consortium, based in Quebec, whose primary mission is to fund research projects aimed at accelerating the drug discovery process and making drugs safer and more effective. Marie-Eve also advised CQDM since its inception and has played a key role in the negotiation of specific projects that require creative and innovative strategies.

In addition to being a rising star at the firm ROBIC, Marie-Eve also manages to balance her professional and family life. Marie-Eve is the mother of a 5 year old girl, Megan, and is currently awaiting her second child.

ROBIC congratulates Marie-Eve Côté and all the finalists and recognizes the quality of their work.

The six-year judicial saga, including a twenty-nine day trial involving Polteco Inc and three other Defendants, all represented by ROBIC’s Hugues G. Richard and Alexandra Steele, has come to an end as judgment was recently issued in the case of Tecsult inc. v. Polteco Inc. et al. (C.S.M. 500-17-022764-040).

The case dealt with the enforcement of a contract. The issues in litigation were:  what is the intensity of the obligations resulting from the contract binding the parties? Did the engineers satisfy their contractual and legal undertakings? If so, is Plaintiff entitled to its unpaid fees? If not, are there direct, certain and foreseeable damages for the Defendants?

The full article is available in our 2010 Fall Newsletter.

On October 14, 2010, the Federal Court of Canada issued its decision in the Amazon.com case related to its “one-click” technology. The Federal Court overturned a previous decision by the Commissioner of Patents and stated that  Amazon.com’s patent application constitutes statutory subject matter in accordance with the Patent Act.

This case will have important repercussions, especially with respect to the patentability of business methods in Canada. The Federal Court rejected the Commissioner’s position that business methods constituted non-statutory subject matter. The Commissioner’s initial opinion was based on her interpretation of Canadian and foreign case law. However, the Federal Court indicated that claims relating to business methods must be "assessed pursuant to the general categories in s. 2 of the Patent Act", and that creating a business method exception, as proposed by the Commissioner, constituted a “radical departure” from the current regime. According to the Court, such a departure should warrant parliamentary intervention. It remains to be seen whether the Commissioner will appeal this decision to the Federal Court of Appeal.  
UPDATE: Readers should note that the Commissioner filed a Notice of Appeal to the Federal Court of Appeal on November 15, 2010, asking that the order be reversed and the Commissioner’s refusal to grant the patent be affirmed. Those interested in the patentability of business methods and software will follow these proceedings closely, although the decision of the Federal Court of Appeal is not expected in the coming year.

For more detailed analysis of this decision, we refer you to our 2010 Fall Newsletter.

The decision is available here.

Engineer and lawyer at ROBIC Adam Mizera explains Supreme Court of the United States Bilski v. Kappos's decision rendered on June 28, 2010 on The Gazette online.

Published for over ten years, this classification brings together the 300 largest SMEs in Quebec. The companies are held by Québec interests and have a maximum of 300 employees.

The ranking is compiled based on the number of employees, from the largest number (300) to the smallest. With 165 employees, ROBIC holds the 157th place.

With its rich history and its long tradition of excellence, ROBIC is also mentioned on the roll of honour of the centennial businesses. The firm was founded in 1892 by brothers Marion, both engineers, under the name MARION & MARION. In 1917, Raymond A. Robic, inventor, author and teacher, joined the firm. His name was added to the name of the firm in 1932.

ROBIC is comprised of seventeen partners and is headquartered in Montreal.

With nearly 18 years of experience in the field of intellectual property, primarily in patents, Danièle Éthier is a valuable addition to our life sciences team, which is already renowned for its high level of expertise and specialization.

A biochemist by training, Danièle has previously held the position of Director, Intellectual Property in a successful antiviral research company in Canada. She also held a similar position in the global intellectual property group of a pharmaceutical company. In these positions, Danièle was responsible for managing important patent portfolios in a variety of core areas including antiviral and vaccine technologies.

Danièle is most notably experienced in strategic planning, lifecycle management of pharmaceuticals and due diligence.

François M. Grenier was inducted into the prestigious American College of Trial Lawyers on March 6, 2010 at a ceremony held in Palm Desert, California.

François M. Grenier is a partner at ROBIC, LLP, where he has been practicing for over 30 years in the field of intellectual property, with a particular focus on patent and trade-mark litigation. As one of Quebec’s most experienced and respected intellectual property litigators, François has often been recognized by his peers for his talents in the courtroom.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.