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Canada’s Federal Court of Appeal Sets Aside Teva’s Venlafaxine Section 8 Award for Improper Reliance on Hearsay Evidence Canada’s Federal Court of Appeal Sets Aside Teva’s Venlafaxine Section 8 Award for Improper Reliance on Hearsay Evidence

Pharmaceutical Patent Litigation
June 15, 2016June 15, 20162016-06-15 Junyi Chen Junyi Chen

On May 31, 2016, Canada’s Federal Court of Appeal (FCA) overturned a decision of Zinn J of the Federal Court awarding Teva Canada Limited (Teva) Section 8 damages to compensate for the statutory delay triggered by Pfizer Canada Inc.’s (Pfizer) application under the Patented Medicines (Notice of Compliance) Regulations concerning Teva’s venlafaxine hydrochloride products (Pfizer’s EFFEXOR XR®) (Pfizer Canada Inc v Teva Canada Limited, 2016 FCA 161; rev’g

http://www.dww.com/articles/canada’s-federal-court-of-appeal-sets-aside-teva’s-venlafaxine-section-8-award-for

Quebec Superior Court Considers Idea/Expression Dichotomy and Rejects Copyright Infringement of Software Source Code Quebec Superior Court Considers Idea/Expression Dichotomy and Rejects Copyright Infringement of Software Source Code

Copyright
June 15, 2016June 15, 20162016-06-15

In Biocad Médical Inc c Panthera Dentaire Inc, 2015 QCCS 6555 (Google English translation), the Québec Superior Court (the Court) dismissed the plaintiffs’ claims for copyright infringement of software for the design of dental implants.  The plaintiffs alleged that the defendants reproduced a substantial part of the software’s source code, contrary to the Copyright Act (Act

http://www.dww.com/articles/quebec-superior-court-considers-idea-expression-dichotomy-and-rejects-copyright

US Supreme Court Rejects “Unduly Rigid” Test for Awarding Enhanced Patent Damages US Supreme Court Rejects “Unduly Rigid” Test for Awarding Enhanced Patent Damages

Patent
June 15, 2016June 15, 20162016-06-15 Junyi Chen Junyi Chen

On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., the US Supreme Court (the Court) rejected the Federal Circuit’s two-part Seagate test for awarding enhanced patent damages under 35 USC § 284 as being “unduly rigid”.  The Court held that both the substantive requirement for “objective recklessness” and the “clear and convincing” standard of proof required by Seagate were inconsistent with the intent of the statute.

http://www.dww.com/articles/us-supreme-court-rejects-“unduly-rigid”-test-for-awarding-enhanced-patent-damages

US Supreme Court to Review Whether an Apparel Design can Obtain Copyright Protection US Supreme Court to Review Whether an Apparel Design can Obtain Copyright Protection

Copyright
June 15, 2016June 15, 20162016-06-15 Sumaiya Sharmeen Sumaiya Sharmeen

On May 2, 2016, the US Supreme Court granted certiorari in Star Athletica LLC v. Varsity Brands Inc. (84 USLW 3407, US, May 2, 2016 (No.

http://www.dww.com/articles/us-supreme-court-to-review-whether-an-apparel-design-can-obtain-copyright-protection

European Union Adopts New Directive on Trade Secrets European Union Adopts New Directive on Trade Secrets

Trade-secret
June 15, 2016June 15, 20162016-06-15 David Bowden David Bowden

On May 27, 2016, the Council of the European Union (EU) adopted a Directive which sets out rules for the protection of trade secrets and confidential information owned by EU companies. Member states have two years to incorporate the Directive into domestic law.

http://www.dww.com/articles/european-union-adopts-new-directive-on-trade-secrets

Canada’s Competition Tribunal Orders Toronto Real Estate Board to Remove Anti-Competitive Restrictions on Virtual Office Websites Canada’s Competition Tribunal Orders Toronto Real Estate Board to Remove Anti-Competitive Restrictions on Virtual Office Websites

Information Technology
June 15, 2016June 15, 20162016-06-15

On June 3, 2016, Canada’s Competition Tribunal issued an Order lifting Toronto Real Estate Board’s (TREB) restrictions on its member agents’ access to important data, including historical listings and sale prices, for display online through virtual office websites.  This Order followed the reasons issued by the Competition Tribunal (Tribunal) on April 27, 2016, concluding that TREB had abused its dominant position in the Toronto residentia

http://www.dww.com/articles/canada’s-competition-tribunal-orders-toronto-real-estate-board-to-remove-anti-competitive

News

Marijo Coates and Kavita Ramamoorthy Named to Managing Intellectual Property Magazine's List of Top 250 Women in Intellectual Property (2016 ) Marijo Coates and Kavita Ramamoorthy Named to Managing Intellectual Property Magazine's List of Top 250 Women in Intellectual Property (2016 )

May 5, 2016
May 5, 2016 2016-05-05
Kavita Ramamoorthy http://www.dww.com/news/marijo-coates-and-kavita-ramamoorthy-named-to-managing-intellectual-property-magazine-s-list

DWW Ranked Top 10 IP Boutique by Canadian Lawyer Magazine for 2016-17 DWW Ranked Top 10 IP Boutique by Canadian Lawyer Magazine for 2016-17

January 8, 2016
January 8, 2016 2016-01-08
Deeth Williams Wall http://www.dww.com/news/dww-ranked-top-10-ip-boutique-by-canadian-lawyer-magazine-for-2016-17

DWW Ranked in 2016 Chambers Canada Guide DWW Ranked in 2016 Chambers Canada Guide

December 1, 2015
December 1, 2015 2015-12-03
Marijo Coates http://www.dww.com/news/dww-ranked-2016-chambers-canada-guide

Doug Deeth, Amy-Lynne Williams and Michael Erdle named in 2016 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada Doug Deeth, Amy-Lynne Williams and Michael Erdle named in 2016 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

September 16, 2015
September 16, 2015 2016-01-08
Michael Erdle http://www.dww.com/news/doug-deeth-amy-lynne-williams-and-michael-erdle-named-2016-lexpert-american-lawyer-guide-to

Events

The Marriott Chateau Champlain Hotel
1, Place du Canada
Montréal
Quebec
October 25, 2016
The Marriott Chateau Champlain Hotel
1, Place du Canada
Montréal
Quebec
Canada
October 24, 2016
Twenty Toronto Street Conferences and Events
20 Toronto Street, 2nd Floor
Toronto
Ontario
M5C 2B8
Canada
June 13, 2016