On May 30, 2018, the Canadian Intellectual Property Office (CIPO) began its public consultations on a new Industrial Design Office Practice Manual (IDOP). The IDOP is the primary public source for information on how to file and prosecute an application for industrial design registration in Canada. Public consultations on the proposed IDOP will run for 30 days until June 29, 2018.
Deeth Williams Wallhttp://www.dww.com/articles/public-consultations-for-industrial-design-office-practice-manual-now-open
In Adidas America, Inc v Skechers USA, Inc (9th Circuit May 10, 2018), the United States Court of Appeals for the Ninth Circuit affirmed, in part, an injunction granted against Skechers which enjoined it from selling shoes that allegedly infringe an
Deeth Williams Wallhttp://www.dww.com/articles/courts-continue-to-struggle-concept-of-keyword-metatags
In Rock Advertising Ltd v MWB Business Exchange Centres Ltd,  UKSC 24, the UK Supreme Court has found a clause in a commercial agreement that prohibited oral modification of the agreement to be enforceable, thereby restoring the finding of the county court, which had been rever
Deeth Williams Wallhttp://www.dww.com/articles/uk-supreme-court-enforces-%E2%80%9Cno-oral-modification%E2%80%9D-clause-a-licence-agreement
On May 9, 2018, the Privacy Commissioner of Canada appeared before the Standing Senate Committee on Banking, Trade and Commerce to present his views in relation to Division 16 of Bill C-74, the Budget Implementation Act.
Deeth Williams Wallhttps://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-financial-technology-organizations-and
On March 5, 2018, the Canadian Patent Appeal Board, in decision number 1448 regarding an application entitled “Video content navigation with revenue maximization”, recommended that the application be refused on the basis that the claims in the application did not define statutory subject matter, contrary to section 2 of the Pa
Deeth Williams Wallhttps://www.dww.com/articles/video-on-demand-patent-found-not-to-be-patenteligible-subject-matter
On April 26, 2018, the Supreme Court of Canada (SCC) denied Idenix Pharmaceuticals, Inc (Idenix)’s leave application from a Federal Court of Appeal (FCA) decision dismissing Idenix’s appeal from a Federal Court (FC) decision (SCC Docket No. 37781).
Deeth Williams Wallhttps://www.dww.com/articles/supreme-court-of-canada-denies-idenix%E2%80%99s-leave-application-regarding-sofosbuvir-patent
On May 9, 2018, the Privacy Commissioner of Canada (Commissioner) appeared before the Standing Committee on Transport, Infrastructure and Communities in response to a January 2018 study on the regulatory and technical issues r
Deeth Williams Wallhttps://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-privacy-implications-of-autonomous-and
On March 27, 2018, in Oracle America, Inc v Google LLC, the United States Court of Appeals for the Northern District of California (Court) found that Google’s use of the Java Application Programming Interface (API) in its
Deeth Williams Wallhttps://www.dww.com/articles/oracle-v-google-fair-use-of-a-copyrighted-api
In Oil States Energy Services, LLC v Greene's Energy Group, LLC, the US Supreme Court held that Inter Partes Review (IPR) proceedings before the US Patent Trial and Appeal Board (PTAB) do not violate Article III or the Seventh Amendment of the US Constitution.
Deeth Williams Wallhttps://www.dww.com/articles/us-supreme-court-holds-inter-partes-review-proceedings-as-constitutional
On March 5, 2018, the Canadian Patent Appeal Board in decision number 1443 regarding an application entitled “Systems and Methods for Providing Business Intelligence Based on Shipping Information” recommended that the application be refused on the basis that the claims are directed to non-statutory subject matter.
Deeth Williams Wallhttps://www.dww.com/articles/canadian-patent-appeal-board-rejects-business-intelligence-system-as-unpatentable-subject
On March 23, 2018, President Trump passed the Clarifying Lawful Overseas Use of Data Act, better known as the “Cloud Act”. The Act provides a streamlined framework for law enforcement to seek assistance from data hosting providers while pursuing criminal investigations.
Deeth Williams Wallhttps://www.dww.com/articles/us-cloud-act-enables-streamlined-process-for-law-enforcement-to-access-data-stored-outside