Recent Insights

Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility

Patent
July 12, 2017July 12, 20172017-07-13
On June 30, 2017, in AstraZeneca Canada Inc v Apotex Inc (AstraZeneca, 2017 SCC 36), the Supreme Court of Canada (SCC) rejected the Promise Doctrine as the correct approach to determine patent utility.
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-rejects-%E2%80%9Cpromise-doctrine%E2%80%9D-when-determining-patent-utility

The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against Google The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against G...

Information Technology
July 12, 2017July 12, 20172017-07-12
On June 28, 2017, in Google In. v Equustek Solutions Inc (2017 SCC 34), the Supreme Court of Canada (SCC) upheld a worldwide interlocutory injunction ordering Google to de-index its search engine results of several websites used to sell infringing products that violated Equustek’s intellectual property rights.
Deeth Williams Wall http://www.dww.com/articles/internet-has-no-borders-supreme-court-of-canada-upholds-worldwide-interlocutory-injunction

Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook

Information Technology
July 12, 2017July 12, 20172017-07-12
On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc’s (Facebook) terms of service. As pr
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-considers-enforceability-of-forum-selection-clause-douez-v

Dow Chemical Awarded CAD$645M in Patent Infringement Case Against Nova Chemical Dow Chemical Awarded CAD$645M in Patent Infringement Case Against Nova Chemical

Patent Litigation
July 12, 2017July 12, 20172017-07-12
On July 5, 2017, the Federal Court of Canada (FC) issued a Supplemental Judgement and Reasons (2017 FC 637) to decide issues concerning the quantum of damages and profits payable Nova Chemicals Corporation (Nova) to Dow Chemical Company (Dow) in respect of an earlier patent infringement finding.
Deeth Williams Wall http://www.dww.com/articles/dow-chemical-awarded-cad645m-patent-infringement-case-against-nova-chemical

Provisional Application of CETA Set for September 21, 2017 Provisional Application of CETA Set for September 21, 2017

Pharmaceutical Patent Litigation
July 12, 2017July 12, 20172017-07-12
On July 8, 2017, the Prime Minister of Canada and the President of the European Commission issued a joint statement setting September 21, 2017 as the new provisional application date for the Comprehensive Economic and Trade Agreement
Deeth Williams Wall http://www.dww.com/articles/provisional-application-of-ceta-set-for-september-21-2017

Events

October 24, 2017

James Kosa is participating in the panel “Ethical Negotiations and the New Duty of Good Faith” at IT.CAN’s 21st Annual Conference in Toronto on October 24, 2017.

Registration for the event is available here.

The conference brochure is available here.

October 23, 2017

Richard Austin will be participating in a panel, “Navigating the Challenges and Harvesting the Benefits of Big and Open Data” at IT.CAN’s 21st Annual Conference in Toronto on October 23, 2017.

Registration for the event is available here.

The conference brochure is available here.

September 15, 2017

Richard Austin will be a panelist during the 2017 Guide to Legal & Business Risk Management in Cloud and SaaS Based Environments event on September 15, 2017.  Richard will be presenting on a panel discussing: Cloud Computing Agreements: Tips, Tricks and Pitfalls