Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese

Trademark and Copyright Litigation
September 20, 2017September 20, 20172017-09-20
In Ministry of Energy and Tourism of the Republic of Cyprus v 3878422 Canada Inc. (2017 QCCS 3803), the Superior Court of Quebec (the Court) refused to dismiss an action based on the unauthorized use of HALLOUMI and HALOMI with cheese.
Deeth Williams Wall http://www.dww.com/articles/quebec-court-refuses-to-reject-action-based-on-unauthorized-use-of-halloumi-cheese

CETA Implementation Act Comes Into Force on September 21, 2017 CETA Implementation Act Comes Into Force on September 21, 2017

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
On August 31, 2017, by Orders in Council, the Government of Canada announced that the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force on September 21, 2017. The provisions that will come into force include:
Deeth Williams Wall http://www.dww.com/articles/ceta-implementation-act-comes-into-force-on-september-21-2017

Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
The Federal Court (FC) recently issued its Public Judgment and Reasons regarding the financial compensation to be paid by Apotex as a result of Apotex’s infringement of AstraZeneca’s Canadian omeprazole formulation patent in AstraZeneca v Apotex Inc, 2017 FC 726.
Deeth Williams Wall http://www.dww.com/articles/federal-court-rejects-apotex%E2%80%99s-noninfringing-alternatives-omeprazole-profits-reference

Proposed Breach of Security Safeguards Regulations Released Proposed Breach of Security Safeguards Regulations Released

Information Technology
September 20, 2017September 20, 20172017-09-20
On June 18, 2015, the Digital Privacy Act (Bill S-4) amended Canada’s private sector privacy law, the Personal Information Protection and Electronic Doc
Deeth Williams Wall http://www.dww.com/articles/proposed-breach-of-security-safeguards-regulations-released

Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal

Copyright
September 20, 2017September 20, 20172017-09-20
On May 24, 2017, the Federal Court of Appeal (FCA) issued its decision in Cargurus Inc v Trader Corporation (2017 FCA 181).
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-denies-cargurus%E2%80%99-appeal-from-competition-tribunal

Privacy Commissioner of Canada Responds to Equifax Data Breach Privacy Commissioner of Canada Responds to Equifax Data Breach

Information Technology
September 20, 2017September 20, 20172017-09-20
On September 7, 2017, Equifax, a provider of consumer credit reports, reported that it had experienced a data breach affecting the personal information for as many as 143 million people located in or having dealings with the US.
Deeth Williams Wall http://www.dww.com/articles/privacy-commissioner-of-canada-responds-to-equifax-data-breach

Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website

Information Technology
September 6, 2017September 6, 20172017-09-06
On August 11, 2017, the Ontario Superior Court of Justice (Court) issued its decision in Propurchaser.com v Wifidelity Inc (2017 ONSC 4905) enjoining the defendants, Wifidelity
Deeth Williams Wall http://www.dww.com/articles/ontario-superior-court-of-justice-enjoins-software-licensor-from-shutting-down-website

Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act

Copyright
September 6, 2017September 6, 20172017-09-06
On August 25, 2017, the Canadian Copyright Board released its decision on the scope of subsection 2.4(1.1) of the Copyright Act, which includes mak
Deeth Williams Wall http://www.dww.com/articles/copyright-board-releases-decision-on-scope-of-making-available-right-under-copyright-act

Federal Court Refuses to Strike Otsuka’s Aripiprazole Patent Infringement Action as Being Quia Timet Federal Court Refuses to Strike Otsuka’s Aripiprazole Patent Infringement Action as Being Quia Timet

Patent Litigation
September 6, 2017September 6, 20172017-09-06
By an Order dated June 15, 2017, the Federal Court (FC) dismissed Apotex’s motion seeking to strike a patent infringement action brought by Otsu
Deeth Williams Wall http://www.dww.com/articles/federal-court-refuses-to-strike-otsuka%E2%80%99s-aripiprazole-patent-infringement-action-as-being

Canadian Securities Administrators Release Staff Notice on Cryptocurrency Offerings Canadian Securities Administrators Release Staff Notice on Cryptocurrency Offerings

Regulatory Law
September 6, 2017September 6, 20172017-09-06
On August 24, 2017, the Canadian Securities Administrators (CSA) released a staff notice on cryptocurrency offerings that sets out the CSA’s view on initial coin and token offerings, cryptocurrency exchanges (online exchanges that allow individuals to buy and sell cryptocurrencies using fiat currency or other cryptocurrencies), and cryptocurrency investment funds (investment funds set up to invest in
Deeth Williams Wall http://www.dww.com/articles/canadian-securities-administrators-release-staff-notice-on-cryptocurrency-offerings

US Federal Circuit Considers Boundaries of Eligible Patent Subject Matter in Cache Memory Patent Case US Federal Circuit Considers Boundaries of Eligible Patent Subject Matter in Cache Memory Patent Case

Patent Litigation
September 6, 2017September 6, 20172017-09-06
On August 15, 2017, the US Court of Appeals for the Federal Circuit (CAFC) released its decision in
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-considers-boundaries-of-eligible-patent-subject-matter-cache-memory

Critical Commentary Video Found to be Fair Use Critical Commentary Video Found to be Fair Use

Copyright
September 6, 2017September 6, 20172017-09-06
In Matt Hosseinzadeh v. Ethan Klein and Hila Klein, the US District Court of the Southern District of New York (Court) found that a video of critical commentary of a creative video posted on YouTube constituted fair dealing.
Deeth Williams Wall http://www.dww.com/articles/critical-commentary-video-found-to-be-fair-use

Federal Court Finds that Use of AT&T Services by Customers Roaming in Canada Constitutes “Use” Under the Trademarks Act Federal Court Finds that Use of AT&T Services by Customers Roaming in Canada Constitutes “Use” Under the ...

Trademark
August 23, 2017August 23, 20172017-08-28
In AT&T Intellectual Property II, LP v LeCourts, Hébert Avocats Inc (2017 FC 734), the Federal Court of Canada (FC) allowed AT&T’s appeal from a decision of the Registrar which expunged i
Deeth Williams Wall http://www.dww.com/articles/federal-court-finds-use-of-att-services-by-customers-roaming-canada-constitutes-%E2%80%9Cuse%E2%80%9D

Federal Court of Appeal Affirms TMOB’s Refusal to Register U-Haul’s Marks Federal Court of Appeal Affirms TMOB’s Refusal to Register U-Haul’s Marks

Trademark
August 23, 2017August 23, 20172017-08-29
On August 15, 2017, in U-Haul International Inc.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-affirms-tmob%E2%80%99s-refusal-to-register-uhaul%E2%80%99s-marks

Canada’s Federal Court Awards Costs of Almost $4.4 Million for Remedies Phase of Patent Infringement Action Canada’s Federal Court Awards Costs of Almost $4.4 Million for Remedies Phase of Patent Infringement Acti...

Patent Litigation
August 23, 2017August 23, 20172017-08-29
On August 8, 2017, the Federal Court of Canada (FC) awarded costs totalling almost $4.4 million to Dow Chemical Company (Dow) for the remedies phase of a patent infringement action in Dow Chemical Company v Nova Chemicals Corporation (2017 FC 759
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-awards-costs-of-almost-44-million-for-remedies-phase-of-patent

Ontario Court of Appeal Recognizes Reasonable Expectation of Privacy in Energy Consumption Data Ontario Court of Appeal Recognizes Reasonable Expectation of Privacy in Energy Consumption Data

Privacy
August 23, 2017August 23, 20172017-08-29
In R v Orlandis-Hansburgo (2017 ONCA 649), the Ontario Court of Appeal (ONCA) held that a reasonable expectation of privacy existed in energy consumption data capable of sup
Deeth Williams Wall http://www.dww.com/articles/ontario-court-of-appeal-recognizes-reasonable-expectation-of-privacy-energy-consumption

European Patent Office Disallows Patents for Plants and Animals Obtained from Essentially Biological Processes European Patent Office Disallows Patents for Plants and Animals Obtained from Essentially Biological Proc...

Patent
August 23, 2017August 23, 20172017-08-29
Starting on July 1, 2017, plants and animals obtained from essentially biological processes will no longer be patentable before the European Patent Office (EPO).
Deeth Williams Wall http://www.dww.com/articles/european-patent-office-disallows-patents-for-plants-and-animals-obtained-from-essentially

Federal Court Refuses to Set Aside Default Judgment for Copyright and Trademark Infringement Federal Court Refuses to Set Aside Default Judgment for Copyright and Trademark Infringement

Trademark and Copyright Litigation
August 23, 2017August 23, 20172017-08-28
On July 25, 2017, the Federal Court of Canada issued its decision in Benchmuel v Gags N Giggles (2017 FC 734), refusing to set aside a default judgment for copyright and tr
Deeth Williams Wall http://www.dww.com/articles/federal-court-refuses-to-set-aside-default-judgment-for-copyright-and-trademark

Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court

Information Technology
August 9, 2017August 9, 20172017-08-09
On July 24, 2017, Google Inc. filed a suit in the US District Court for the Northern District of California, seeking to block enforcement in the US of the worldwide interlocutory injunction (the “Canadian Order”) that was recently upheld by the Supreme Court of Canada. The Internet giant, asserting its role as an “innocent bystander”, claims in its suit that the Canadian Order limits the information an American company (i.e.
Deeth Williams Wall http://www.dww.com/articles/update-google-challenges-enforcement-of-canadas-worldwide-injunction-a-us-district-court

Proposed Patent Rules Amendments Announced Proposed Patent Rules Amendments Announced

Patent
August 9, 2017August 9, 20172017-08-09
The Government of Canada has published substantive amendments to the Patent Rules for public consultation. The public consultation will be available until September 8, 2017. Publication in the Canada Gazette, Part I is expected to take place in early 2018, with publication in Part II in late 2018. If this schedule is adhered to, the amended Rules could come into force as early as 2019. Proposed changes include:
Deeth Williams Wall http://www.dww.com/articles/proposed-patent-rules-amendments-announced