Recent Insights

Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court

Information Technology
August 9, 2017August 9, 20172017-08-09
On July 24, 2017, Google Inc. filed a suit in the US District Court for the Northern District of California, seeking to block enforcement in the US of the worldwide interlocutory injunction (the “Canadian Order”) that was recently upheld by the Supreme Court of Canada. The Internet giant, asserting its role as an “innocent bystander”, claims in its suit that the Canadian Order limits the information an American company (i.e.
Deeth Williams Wall http://www.dww.com/articles/update-google-challenges-enforcement-of-canadas-worldwide-injunction-a-us-district-court

Proposed Patent Rules Amendments Announced Proposed Patent Rules Amendments Announced

Patent
August 9, 2017August 9, 20172017-08-09
The Government of Canada has published substantive amendments to the Patent Rules for public consultation. The public consultation will be available until September 8, 2017. Publication in the Canada Gazette, Part I is expected to take place in early 2018, with publication in Part II in late 2018. If this schedule is adhered to, the amended Rules could come into force as early as 2019. Proposed changes include:
Deeth Williams Wall http://www.dww.com/articles/proposed-patent-rules-amendments-announced

Federal Court of Appeal Affirms Invalidity of Idenix’s Hepatitis C Drug Patent Federal Court of Appeal Affirms Invalidity of Idenix’s Hepatitis C Drug Patent

Pharmaceutical Patent Litigation
August 9, 2017August 9, 20172017-08-09
On July 24, 2017, in Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC (
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-affirms-invalidity-of-idenix%E2%80%99s-hepatitis-c-drug-patent

Health Canada Releases Therapeutic Products Directorate Statistical Report 2016/2017 Health Canada Releases Therapeutic Products Directorate Statistical Report 2016/2017

Pharmaceutical Patent Litigation
August 9, 2017August 9, 20172017-08-09
On July 14, 2017, Health Canada released the Therapeutic Products Directorate Statistical Report 2016/2017 for the Patented Medicines (Notice of Compliance) Regulations and Data Protection (the Report).  The Report provides a statistical overview of Health Canada’s administration of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) R
Deeth Williams Wall http://www.dww.com/articles/health-canada-releases-therapeutic-products-directorate-statistical-report-20162017

Trademarks Opposition Board Rejects Opposition to Drip Man Design Registration Trademarks Opposition Board Rejects Opposition to Drip Man Design Registration

Trademark
August 9, 2017August 9, 20172017-08-09
On June 15, 2017, the Trademarks Opposition Board (the Board) issued its decision in Western Water Farms & Gardens Inc v 378715 BC Ltd, 2017 TMOB 71, an opposition to the registration of the trademark NUTRILIFE and Design (the Mark).  The main issue in this proceeding was the ownership of the Drip Man Design, which was included as a portion of the Mark.
Deeth Williams Wall http://www.dww.com/articles/trademarks-opposition-board-rejects-opposition-to-drip-man-design-registration

US Federal Circuit Affirms Patent Unenforceability due to Inequitable Conduct US Federal Circuit Affirms Patent Unenforceability due to Inequitable Conduct

Patent Litigation
August 9, 2017August 9, 20172017-08-09
On July 27, 2017, in Regeneron Pharmaceuticals, Inc v Merus NV, the United States Court of Appeals for the Federal Cir
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-affirms-patent-unenforceability-due-to-inequitable-conduct

Events

November 24, 2017

Heather Watts will be participating in a panel presentation on Injunction Strategy – Practical Tips for Success on Friday, November 24, 2017 from 11:05 a.m. to 11:50 a.m.

The presentation is hosted by The Advocates’ Society at the The Advocates’ Society Education Centre, 250 Yonge Street, Suite 2700, Toronto ON.  The panel discussion is part of an educational program called Winning Injunctions which takes place from 9 a.m. to 12 p.m..  The program will be recorded for a live webcast.

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.