Recent Insights

Game Over: the Federal Court of Canada Puts an End to Video Game Hacking in Novel Case Considering Circumventions of TPMs Game Over: the Federal Court of Canada Puts an End to Video Game Hacking in Novel Case Considering Circum...

Trademark and Copyright Litigation
March 8, 2017March 8, 20172017-03-08
On March 1, 2017, the Federal Court of Canada (FC) awarded Nintendo $12.7 million in damages in Nintendo of America Inc v King et al, 2017 FC 246. This ruling marks the first occasion for the FC to consider the issue of circumvention of Technical Protection Measures (TPMs) under the Copyright Act.
Deeth Williams Wall http://www.dww.com/articles/game-over-federal-court-of-canada-puts-an-end-to-video-game-hacking-novel-case-0

Interlocutory Injunction in Canada’s Trademark Infringement Cases – Success is in the Details Interlocutory Injunction in Canada’s Trademark Infringement Cases – Success is in the Details

Trademark
March 8, 2017March 8, 20172017-03-08
Interlocutory injunctions are rarely granted in trademark infringement cases (counterfeit cases aside) in Canada.  This is largely due to the difficulty of establishing irreparable harm, the second element of a three-part test for granting an interlocutory injunction.  The three-part test requires that:  (1) a serious issue has been raised; (2) irreparable harm will result if the injunction is not granted; and (3) the balance of convenience favours the requesting party.  The courts have repeatedly held that the determination of irreparable harm is a factual assessment which must be establis
Deeth Williams Wall http://www.dww.com/articles/interlocutory-injunction-canada’s-trademark-infringement-cases-–-success-details-0

The Federal Court of Canada Refuses Bayer’s Request to Change Priority Date of its Patent Application The Federal Court of Canada Refuses Bayer’s Request to Change Priority Date of its Patent Application

Patent Litigation
March 8, 2017March 8, 20172017-03-08
In Bayer Cropscience LP v. Canada (Attorney General), 2017 FC 178, the Federal Court (FC) agreed with the Commissioner of Patents (“Commissioner”) and dismissed Bayer Cropscience LP’s (Bayer) request to change the priority date for its Canadian Patent Application No 2,907,271 (the 271 Application) from April 19, 2012 to April 3, 2012.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-canada-refuses-bayer’s-request-to-change-priority-date-of-its-patent-0

Federal Court of Appeal Upholds $250,000 Punitive and Exemplary Damage Award in Trademark Case Federal Court of Appeal Upholds $250,000 Punitive and Exemplary Damage Award in Trademark Case

Trademark
March 8, 2017March 8, 20172017-03-08
On February 21, 2017, the Federal Court of Appeal (FCA) upheld awards for $250,000, $64,000, and $66,000, for punitive and exemplary damages, compensatory damages, and costs, respectively, in relation to a trademark infringement case regarding various counterfeit goods of the “CHANEL” fashion label (Lam v. Chanel S.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-upholds-250000-punitive-and-exemplary-damage-award-trademark-0

US Supreme Court: Not Patent Infringement to Supply Single Component for Manufacture Overseas In Multicomponent Patented Invention US Supreme Court: Not Patent Infringement to Supply Single Component for Manufacture Overseas In Multico...

Patent
March 8, 2017March 8, 20172017-03-08
On February 22, 2017, in Life Technologies Corporation v Promega Corporation, the Supreme Court of the United States held that the supply of a single component in a multicomponent patented invention for manufacture overseas does not constitute patent infringement.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-not-patent-infringement-to-supply-single-component-for-manufacture-0

Bloatware Beware: Lenovo Cannot “Uninstall” Class Action with Motion to Strike Bloatware Beware: Lenovo Cannot “Uninstall” Class Action with Motion to Strike

Technology Contracting
March 8, 2017March 8, 20172017-03-08
On February 17, 2017, in Bennett v Lenovo, 2017 ONSC 1082, the Ontario Superior Court of Justice dismissed the majority of Lenovo (Canada) Inc (Lenovo) and Superfish Inc’s motion to strike claims related to pre-loaded software present on a Lenovo laptop.
Deeth Williams Wall http://www.dww.com/articles/bloatware-beware-lenovo-cannot-“uninstall”-class-action-motion-to-strike-0

Events

September 15, 2017

Richard Austin will be a panelist during the 2017 Guide to Legal & Business Risk Management in Cloud and SaaS Based Environments event on September 15, 2017.  Richard will be presenting on a panel discussing: Cloud Computing Agreements: Tips, Tricks and Pitfalls

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