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Recent Insights

Alberta Court Finds Jurisdiction over Copyright Dispute Involving Seismic Data Alberta Court Finds Jurisdiction over Copyright Dispute Involving Seismic Data

Copyright
August 10, 2016August 10, 20162016-08-10 David Bowden David Bowden

In Geophysical Service Incorporated v Jebco Seismic UK Limited, 2016 ABQB 402, the Alberta Court of Queen’s Bench dismissed applications to dismiss or stay the plaintiff’s action. The defendants had argued that the Alberta Court had no jurisdiction over the defendants in relation to the subject matter at issue in the action.

http://www.dww.com/articles/alberta-court-finds-jurisdiction-over-copyright-dispute-involving-seismic-data

Canada’s Federal Court Questions No File Wrapper Estoppel on Claim Construction Canada’s Federal Court Questions No File Wrapper Estoppel on Claim Construction

Patent
August 10, 2016August 10, 20162016-08-10 Junyi Chen Junyi Chen

The Supreme Court of Canada in Free World Trust v Électro Santé Inc, 2000 SCC 66 rejected the use of extrinsic documents such as file wrappers (patent prosecution histories) for claim construction, saying that allowing such evidence would undermine the public notice function of the claims and increase uncertainty.  Hence, there is no equivalent of US file wrapper estoppel in Canada.

http://www.dww.com/articles/canada’s-federal-court-questions-no-file-wrapper-estoppel-on-claim-construction

US Court of Appeals for the Federal Circuit Affirms Claim Indefiniteness of Coined Terms US Court of Appeals for the Federal Circuit Affirms Claim Indefiniteness of Coined Terms

Patent
August 10, 2016August 10, 20162016-08-10

On July 28, 2016, in AGIS v Life360, the US Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s finding of indefiniteness using a strict means-plus-function approach to claim construction, thus finding AGIS’s claims to be invalid.

http://www.dww.com/articles/us-court-of-appeals-for-federal-circuit-affirms-claim-indefiniteness-of-coined-terms

isoHunt Founder Settles Last Outstanding Case for $66 Million isoHunt Founder Settles Last Outstanding Case for $66 Million

Copyright
August 10, 2016August 10, 20162016-08-10 Jennifer Davidson Jennifer Davidson

Gary Fung, Canadian founder of isoHunt Web Technologies (isoHunt), has settled his last remaining legal dispute after a decade of litigation with media and movie industries over the now defunct isoHunt search engine. Music Canada, formerly the Canadian Recording Industry Association (CRIA), had launched the action in 2006 after Fung refused to take down the engine that delivered indexes of torrent files that could be used in conjunction with peer-to-peer software to download music, movies and other files from other users’ computers.

http://www.dww.com/articles/isohunt-founder-settles-last-outstanding-case-for-66-million

BASCOM v AT&T: Filtering Internet Content Found Patent-Eligible BASCOM v AT&T: Filtering Internet Content Found Patent-Eligible

Patent
August 10, 2016August 10, 20162016-08-10 Robert Dewald Robert Dewald

In BASCOM Global Internet Services, Inc v AT&T Mobility LLC, (Fed Cir June 27, 2016), the US Court of Appeals for the Federal Circuit (CAFC) released its latest opinion rejecting a patent-eligibility challenge. 

http://www.dww.com/articles/bascom-v-at-t-filtering-internet-content-found-patent-eligible

Consultation on a Governance Framework for Intellectual Property Agents Extended Consultation on a Governance Framework for Intellectual Property Agents Extended

Intellectual Property
August 10, 2016August 10, 20162016-08-10 Jennifer Davidson Jennifer Davidson

Innovation, Science and Economic Development Canada, in conjunction with the Canadian Intellectual Property Office (CIPO), have extended the consultation on a proposed governance framework for the IP profession until August 31, 2016. The consultation builds on CIPO’s Modernizing the IP Community report, which resulted in the development of a new statutory protection for confidential communications between IP agents and their clients.

http://www.dww.com/articles/consultation-on-a-governance-framework-for-intellectual-property-agents-extended

News

7 lawyers from Deeth Williams Wall LLP included in the 11th Edition of The Best Lawyers in Canada 7 lawyers from Deeth Williams Wall LLP included in the 11th Edition of The Best Lawyers in Canada

August 10, 2016
August 10, 2016 2016-08-16
Gervas W. Wall http://www.dww.com/news/7-lawyers-from-deeth-williams-wall-llp-included-11th-edition-of-best-lawyers-canada

Doug Deeth and Kavita Ramamoorthy named as IP Stars in Managing Intellectual Property's 2016 IP Stars Handbook Doug Deeth and Kavita Ramamoorthy named as IP Stars in Managing Intellectual Property's 2016 IP Stars Handbook

July 8, 2016
July 8, 2016 2016-07-08
Kavita Ramamoorthy http://www.dww.com/news/doug-deeth-and-kavita-ramamoorthy-named-as-ip-stars-managing-intellectual-property-s-2016-ip

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

Events

Moot Court Room, Jackman Law Building
78 Queen's Park
Toronto
ON
M5S 2C5
Canada
November 4, 2016
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