Recent Insights

Federal Court of Appeal Remits Issue of Non-Infringing Alternative Federal Court of Appeal Remits Issue of Non-Infringing Alternative

Pharmaceutical Patent Litigation
February 22, 2017February 22, 20172017-02-23
On February 2, 2017, the Federal Court of Appeal issued its decision in Apotex Inc, et al v ADIR and Servier Canada Inc, 2017 FCA 23. The case was an appeal of the Federal Court decision determining the amount of Apotex’s profits attributable to the infringement of Canadian Patent 1,341,196 for the drug perindopril after Servier Canada Inc (Servier) had elected to recover profits.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-remits-issue-of-noninfringing-alternative

Ontario Court Considers Limitation of Liability Clause in IT Contract Dispute Ontario Court Considers Limitation of Liability Clause in IT Contract Dispute

Technology Contracting
February 22, 2017February 22, 20172017-02-23
On December 7, 2016, Ontario’s Superior Court of Justice (the Court) released its reasons in Atos IT Solutions and Services GmbH and Atos Inc v Sapient Canada Inc, 2016 ONSC 6852, a decision relating to a contract dispute between the primary IT contractor for a solution, Sapient Canada Inc (Sapient), and its subcontractors, Siemens Canada Limited and Siemens Austria (together, Siemens), who are predecessor entities to the plaintiffs, Atos Inc and Atos IT Solutions and Services GmbH (together, Ato
Deeth Williams Wall http://www.dww.com/articles/ontario-court-considers-limitation-of-liability-clause-it-contract-dispute

US Courts Will Not Hear Further Arguments in Microsoft Case US Courts Will Not Hear Further Arguments in Microsoft Case

Cloud
February 22, 2017February 22, 20172017-02-23
As previously reported by E-TIPS Newsletter here, the US Department of Justice (DOJ) had petitioned for an en banc rehearing by the US Second Circuit Court of Appeals (the Court) after the Court concluded that it was not authorized under the Stored Communications Act to issue and enforce a warrant against US-based internet service providers for the disclosure of Microsoft’s customer email content stored on foreign servers.
Deeth Williams Wall http://www.dww.com/articles/us-courts-will-not-hear-further-arguments-microsoft-case

Federal Court of Appeal Upholds $6.5 Million Cost Award for Patent Infringement Federal Court of Appeal Upholds $6.5 Million Cost Award for Patent Infringement

Patent Litigation
February 22, 2017February 22, 20172017-02-23
On February 6, 2017, the Federal Court of Appeal upheld a cost award totalling $6.5 million granted to Dow Chemical Company (Dow) by Justice O’Keefe in Nova Chemicals Corporation v. Dow Chemical Company, 2016 FC 91. At the time of this publication, we are not aware of a larger cost award granted by the Federal Court for patent infringement.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-upholds-65-million-cost-award-for-patent-infringement

US Amended Rule 41 Now In Force US Amended Rule 41 Now In Force

Privacy
February 22, 2017February 22, 20172017-02-23
On December 1, 2016, an amendment to Rule 41 of the United States Federal Rules of Criminal Procedure, which regulates legal search and seizure, came into force.  The amended Rule 41, which now allows for remote-access searches, reads:
Deeth Williams Wall http://www.dww.com/articles/us-amended-rule-41-now-force

BC Court of Appeal Finds Using Trademarks as Keywords in Internet Advertising Constitutes Passing Off BC Court of Appeal Finds Using Trademarks as Keywords in Internet Advertising Constitutes Passing Off

Trademark
February 8, 2017February 8, 20172017-02-08
Vancouver Community College v Vancouver Career College (Burnaby), 2017 BCCA 41, concerns the use of competitors’ marks in the context of keyword internet searches. The appellant claimed that the respondent’s use of its official mark “VCC” in their internet advertising and domain name (VCCollege.ca) constituted passing off.
Deeth Williams Wall http://www.dww.com/articles/bc-court-of-appeal-finds-using-trademarks-as-keywords-internet-advertising-constitutes

Events

February 22, 2017

James Kosa will be speaking at the LES 2017 Kick-Off: Toronto Social Event & Evening Talk on "Ethical Negotiations - The Art of the Possible".

His discussion will explore a range of topics that include the evolution of the duty to contract in good faith, the intersection of contract law and public policy, and examples of ethical dilemmas in contract negotiations.

February 1, 2017

On February 1, 2017, Richard Austin presented "Consent in the time of big data" at the 14th Privacy & Data Security Compliance Forum.

A copy of the presentation is available here

November 22, 2016

Kavita Ramamoorthy will be speaking at the Ontario Bar Association's intellectual property litigation conference on November 22, 2016.  

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