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Recent Insights

Federal Court Comments on Trade-mark Registrations for Cloud-Based Software Federal Court Comments on Trade-mark Registrations for Cloud-Based Software

Trade-mark
April 20, 2016April 20, 20162016-04-20 John Lucas John Lucas

On February 18, 2016, the Canadian Federal Court released its decision in Specialty Software Inc v BEWATEC Kommunikationstechnik GmbH, 2016 FC 223, which deals with trade-marks registered for use in connection with cloud-based software (sometimes called software-as-a-service).

http://www.dww.com/articles/federal-court-comments-on-trade-mark-registrations-for-cloud-based-software

Strong Possibility of Future Infringement Satisfies Imminence Requirement in Gilead’s quia timet Action Against Teva Strong Possibility of Future Infringement Satisfies Imminence Requirement in Gilead’s quia timet Action Against Teva

Pharmaceutical Patent Litigation
April 20, 2016April 20, 20162016-04-20 Junyi Chen Junyi Chen

On March 21, 2016, Barnes J of the Canadian Federal Court upheld a Prothonotary’s decision allowing Gilead’s quia timet infringement action against Teva regarding its tenofovir disoproxil (TDF) products (Gilead’s TRUVADA®, ATRIPLA® and VIREAD®) in Gilead Sciences, Inc v Teva Canada Limited, 2016 FC 336, affirming 2016 FC 31.

http://www.dww.com/articles/strong-possibility-of-future-infringement-satisfies-imminence-requirement-gilead’s-quia

The US Appeals Court Rules for Mississippi Attorney General Over Subpoena of Google’s Search Practices The US Appeals Court Rules for Mississippi Attorney General Over Subpoena of Google’s Search Practices

Information Technology
April 20, 2016April 20, 20162016-04-20 Meenakshi Lakhanpal Meenakshi Lakhanpal

On April 8, 2016, in Google Inc v James M Hood, III, Attorney General of the State of Mississippi, No 15-60205, the United States Court of Appeals of the Fifth Circuit vacated the District Court’s preliminary injunction which was granted in favour of Google.  The injunction had prevented the Mississippi Attorney General (AG) from enforcing a subpoena over Google’s search practices.

http://www.dww.com/articles/us-appeals-court-rules-for-mississippi-attorney-general-over-subpoena-of-google’s-search

New US Anti-Encryption Bill Released New US Anti-Encryption Bill Released

Information Technology
April 20, 2016April 20, 20162016-04-20 Sarah Mavula Sarah Mavula

On April 13, 2016, Senators Richard Burr and Dianne Feinstein, both leading members of the U.S. Senate Intelligence Committee, introduced a Bill entitled “Compliance with Court Orders Act of 2016”.

http://www.dww.com/articles/new-us-anti-encryption-bill-released

Canada’s Competition Bureau Releases Updated IP Enforcement Guidelines Canada’s Competition Bureau Releases Updated IP Enforcement Guidelines

Regulatory Law
April 20, 2016April 20, 20162016-04-20 Junyi Chen Junyi Chen

On March 31, 2016, the Competition Bureau (Bureau) released further updated Intellectual Property Enforcement Guidelines (IPEGs) (Announcement) following an extensive public consultation process held in 2015.  The updated IPEGs provide clarification on the Bureau’s approach to conducting investigations of alleged anti-competitive activities that relate to intellectual property.

http://www.dww.com/articles/canada’s-competition-bureau-releases-updated-ip-enforcement-guidelines

Federal Court Prefers Blinded Expert Witness’s Testimony in Allergan v Apotex Inc Federal Court Prefers Blinded Expert Witness’s Testimony in Allergan v Apotex Inc

Pharmaceutical Patent Litigation
April 20, 2016April 20, 20162016-04-20 Meenakshi Lakhanpal Meenakshi Lakhanpal

On April 1, 2014, in Allergan Inc v Apotex Inc, 2016 FC 344, the Federal Court dismissed Allergan’s application for a prohibition order brought under the Patented Medicines (Notice of Compliance) Regulations, on the basis that Allergan failed to demonstrate utility of its Canadian Patent Number 2,307,632 (the ‘632 Patent).

http://www.dww.com/articles/federal-court-prefers-blinded-expert-witness’s-testimony-allergan-v-apotex-inc

News

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

Marijo and Amy-Lynne Listed in Expert Guides: Women in Business Law 2015 Marijo and Amy-Lynne Listed in Expert Guides: Women in Business Law 2015

September 9, 2015
September 9, 2015 2015-09-10
Amy-Lynne Williams http://www.dww.com/news/marijo-and-amy-lynne-listed-expert-guides-women-business-law-2015

Events

Fairmont Château Laurier
1 Rideau St
Ottawa
Ontario
K1N 8S7
Canada
May 12, 2016